M/S. Ap Products vs The State Of Telangana And Another
2022 Latest Caselaw 6904 Tel

      THE HONOURABLE SRI JUSTICE K.SURENDER

           CRIMINAL PETITION No.9234 OF 2022

O R D E R:

Heard learned counsel for the petitioner and learned

Additional Public Prosecutor for the respondent No.1 - State.

Perused the record.

2. A perusal of the record would reveal that the petitioner has

filed an application before the office of the Deputy Commissioner of

Prohibition and Excise, Hyderabad, requesting for release of the

Innova Crysta vehicle bearing No.TS-12-EP-0369 seized in

C.O.R.No.107 of 2022, dated 23.05.2022 on the file of Station House

Officer, Dhoolpet Prohibition and Excise Station, Hyderabad,

registered for the offence under Section 8(c) read with 22(b) of

NDPS Act, 1985. The Deputy Commissioner of Prohibition and

Excise, Hyderabad Division, vide Cr.No.C3/540/2022/DCH dated

13.12.2022 informed the petitioner that the seized vehicle was

deposited before the Chief Metropolitan Sessions Judge Court,

Nampally, Hyderabad. As such, the office has no jurisdiction to

release the said vehicle.

KS,J Crl.Petition No.9234 of 2022

3 In Mohanlal1, the Hon'ble Supreme Court gave certain

guidelines in paragraph No.20, which are as follows:

"20. To sum up we direct as under:

(1) No sooner the seizure of any Narcotic Drugs and Psychotropic and controlled Substances and Conveyances is effected, the same shall be forwarded to the officer in-charge of the nearest police station or to the officer empowered Under Section 53 of Act. The officer concerned shall then approach the Magistrate with an application Under Section 52A(ii) of the Act, which shall be allowed by the Magistrate as soon as may be required Under Sub-Section 3 of Section 52A, as discussed by us in the body of this judgment under the heading 'seizure and sampling'. The sampling shall be done under the supervision of the magistrate as discussed in paras 13 and 14 of this order.

(2) The Central Government and its agencies and so also the State Governments shall within six months from today take appropriate steps to set up storage facilities for the exclusive storage of seized Narcotic Drugs and Psychotropic and controlled Substances and Conveyances duly equipped with vaults and double locking system to prevent theft, pilferage or replacement of the seized drugs. The Central Government and the State Governments shall also designate an officer each for their respective storage facility and provide for other steps, measures as stipulated in Standing Order No. 1/89 to ensure proper security against theft, pilferage or replacement of the seized drugs.

(2016) 3 SCC 379 KS,J Crl.Petition No.9234 of 2022

(3) The Central Government and the State Governments shall be free to set up a KL,J Crl.P. No.5606 of 2020 4 storage facility for each district in the States and depending upon the extent of seizure and store required, one storage facility for more than one districts. (4) Disposal of the seized drugs currently lying in the police maalkhans and other places used for storage shall be carried out by the DDCs concerned in terms of the directions issued by us in the body of this judgment under the heading 'disposal of drugs'."

4. In Sunderbhai Ambalal Desai2, the Hon'ble Apex Court

held that 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. Various

High Courts in the judgments stated above, after referring to various

provisions of the Act, including Sections - 52-A, 60 and 63 and

various provisions of Cr.P.C., and also the principle laid down in

Sunderbhai Ambalal Desai and Mohanlal, ordered to be released the

vehicles seized in the crimes for the offences under the Act.

(2002) 10 SCC 283 KS,J Crl.Petition No.9234 of 2022

5. In view of the above said legal position, this Criminal Petition

is allowed, directing the Station House Officer, Dhoolpet Prohibition

and Excise Station, Hyderabad, to produce the crime vehicle (i.e.,

Innova Crysta Car bearing registration No.TS-12-EP-0369) before

the designated Court (learned Metropolitan Sessions Judge,

Hyderabad) within a period of one (01) week from the date of

receipt of a copy of this order. On such deposit, the designated

Court shall return the crime vehicle to the petitioner/owner of the

vehicle on proper verification of ownership as an interim custody on

the following conditions.

i) The petitioner/owner of the crime vehicle shall

furnish a personal bond for a sum of

Rs.5,00,000/- (Rupees five lakhs only) with one

surety for a like sum to the satisfaction of the

designated Court i.e., learned Metropolitan

Sessions Judge, Hyderabad.

ii) He shall deposit the original registration

certificate in respect of the crime vehicle with the

designated Court. However, the designated Court

shall issue its certified copy to the petitioner to KS,J Crl.Petition No.9234 of 2022

enable him to ply the vehicle on road without

there-being any hindrance; and

iii) He shall give an undertaking to the effect that

he shall produce the crime vehicle as and when

required either before the Investigating Officer or

before the Court and that he shall not alienate,

alter or change the nature of vehicle.

Miscellaneous petitions pending, if any, shall stand closed.

_____________ K.SURENDER, J Date: 20.12.2022 Gms KS,J Crl.Petition No.9234 of 2022

THE HONOURABLE SRI JUSTICE K.SURENDER

CRIMINAL PETITION No.9234 OF 2022

20.12.2022

Gms