Madras High Court
Lingeshwaran vs The State on 5 January, 2023
Crl.R.C.No.1583 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.01.2023
CORAM
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM
Crl.R.C.No.1583 of 2022
Lingeshwaran ... Petitioner
Vs.
The State, Rep. by the
Inspector of Police,
T-5 Thiruverkadu Police Station,
Chennai. ... Respondent
PRAYER: Criminal Revision Case filed under Section 397 r/w.401
Cr.P.C., to set aside the order dated 14.11.2022 made in Crl.M.P.No.5473
of 2022 on the file of Principal Special Court under EC &NDPS Act,
Chennai.
For Petitioner : Mr. W. Camyles Gandhi
For Respondent : Mr. V. Meganathan, GA (crl.side)
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ORDER
This Criminal Revision is filed challenging the order of dismissal
dated 14.11.2022 passed by the Principal Special Court under EC and
NDPS Act, Chennai in Crl.M.P.No.5473 of 2022 seeking release of
petitioner's vehicle which was kept under the custody of respondent police,
after seizing the same in connection with a case in Cr.No.515 of 2022 for
the offence punishable under sections 8(c) r/w.20(b)(ii) (B), 25, 29 (i) of
NDPS Act, 1985.
2. The learned counsel for the petitioner submitted that the
respondent police registered a case against this petitioner along with other
persons in Cr.No.515 of 2022 for the offences punishable under sections
8(c) r/w.20(b)(ii) (B), 25, 29 (i) of NDPS Act, 1985, and while seizing
Ganja from the accused persons, the police also seized the vehicle viz, blue
colour electrical Bike, bearing Registration No.TN-12-AS-1487 from this
petitioner, who is the owner of the vehicle. The offence against the
petitioner is that he is alleged to have illegally transported Ganja weighing
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Crl.R.C.No.1583 of 2022
1.050 Kgs.
3. He further submitted that the petitioner is arrayed as A2 and the
only allegation against the petitioner is that he only drove the vehicle, but
the alleged contraband was seized from the possession of A1 alone. The
seized contraband of Ganja weighing 1.050 kgs. is not a commercial
quantity. The petitioner and his vehicle is not involved in similar type of
previous cases. It is his further submission that the learned Special Judge
failed to note that admittedly the petitioner is the owner of the vehicle and if
the vehicle is kept idle under the custody of the court in an open place
under the unconditional weather conditions, the value of the same would be
deteriorated. Hence he seeks interim custody of the vehicle.
4. The learned Govt. Advocate (crl.side) filed his counter stating that
if the vehicle involved in the offence is released, there is every possibility
that the accused may use the same for illegal activities again, thereby, he
objected to return the vehicle to the petitioner. However, he fairly
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Crl.R.C.No.1583 of 2022
concedes that the petitioner's vehicle is not involved in any previous case
involving similar type of offences.
5. Considered the arguments advanced on either side and perused the
materials available on record.
6. On perusal of records, the fact reveals that the respondent police,
on receiving secret information on 16.09.2022 at about 8.30 a.m., the police
team went for patrolling at Sundarasozhapuram, Kasturibai Avenue,
Chakreswari Nagar junction, during the course of which, they found this
petitioner came in a two wheeler viz., Hero optima bearing Registration
No. TN 12 1487, carrying another person as a pillion rider. On intercepting
the vehicle, they found that they were in possession of 1150 gms of
Ganja. Thereafter, they arrested the accused persons and seized ganja
weighing 1150 gms from them, pursuant to which, they seized the two
wheeler bearing Registration No.TN 12 1487 and registered a case in
Cr.No.515 of 2022 against them for the offences punishable under sections
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8(c) r/w.20(b)(ii) (B), 25, 29 (i) of NDPS Act, 1985. They produced the
vehicle before the Principal Special Court under EC and NDPS Act,
Chennai which was received in property B.No.336/2022 and it is now
under the custody of the police. .
7. Admittedly, the petitioner and the vehicle is not involved in
similar type of previous cases. The seized Ganja weighing 1.050 kgms is
not commercial quantity. In the judgment of the Hon'ble Apex court in
Sunderbhai Ambalal Desai vs State Of Gujarat, wherein, the Hon'ble
Supreme Court in paragraph No.17 has held as follows:
''In our view, whatever be the situation, it is of no use to keep
such-seized vehicles at the police stations for a long period.
It is for the Magistrate to pass appropriate orders
immediately by taking appropriate bond and guarantee as
well as security for return of the said vehicles, if required at
any point of time. This can be done pending hearing of
applications for return of such vehicles.''
Under these circumstances, considering the above principle laid down by
the Honourable Supreme Court in the case cited supra, I am inclined to
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return the vehicle on interim custody to the petitioner on the following
conditions.
8. Accordingly, the impugned order passed by the Court below is set
aside and the court below is directed to return the vehicle bearing
Registration No. TN 12 1487 to the petitioner, on complying the following
conditions:
i. the petitioner shall prove his ownership of the
vehicle by producing the R.C. Book and other
relevant records;
ii. the petitioner shall not alienate or encumber the
vehicle in any manner;
iii.the petitioner shall execute a bond for a sum of
Rs.75,000/-(Rupees seventy five thousand only)
before the learned Principal Special Court under
EC &NDPS Act, Chennai.
iv.the petitioner shall give an undertaking that he
will not use the vehicle for any illegal activities
in future,
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v. the petitioner shall take photograph of the
vehicle; and
vi.the petitioner shall also produce the vehicle as
and when required before the court below and
before the respondent police.
9. Accordingly, the Criminal Revision is disposed of.
05.01.2023
msr
Index:Yes/No
Internet:Yes/No
To
1. The Principal Special Court under EC &NDPS Act, Chennai.
2. The Inspector of Police, T-5 Thiruverkadu Police Station,
Chennai.
3. The Public Prosecutor,
High Court of Madras, Chennai.
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V.SIVAGNANAM, J.,
msr
Crl.R.C.No.1583 of 2022
05.01.2023
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