Nagamalli Anil vs The State Of Telangana
2023 Latest Caselaw 493 Tel

           THE HONOURABLE SRI JUSTICE K.SURENDER

                 CRIMINAL PETITION No.11143 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

Motor Cycle bearing No.TS-36-L-1062 seized in F.I.R.No.54 of

2022, dated 10.05.2022 on the file of Station House Officer,

Maddur Police Station, Siddipeta District, registered for the

offence under Section 20(b)(ii)(B), 27 of NDPS Act, 1985. The

Station House Officer, Maddur Police Station, Siddipeta District

Division, informed the petitioner that the seized vehicle was

deposited before the Special Sessions Judge for NDPS Cases-Cum-

I-Additional Sessions Judge, Warangal. As such, the office has no

jurisdiction to release the said vehicle.

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

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

(2016) 3 SCC 379

"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.

(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.

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

is allowed, directing the Station House Officer, Station House

Officer, Maddur Police Station, Siddipeta District, to produce the

(2002) 10 SCC 283

crime vehicle (i.e., Vehicle bearing registration No.TS-36-L-1062)

before the designated Court (Special Sessions Judge for NDPS

Cases-Cum- I-Additional Sessions Judge, Warangal) 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.20,000/-

(Rupees Twenty Thousand only) with one surety

for a like sum to the satisfaction of the

designated Court i.e., Special Sessions Judge for

NDPS Cases-Cum- I-Additional Sessions Judge,

Warangal.

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

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: 31.01.2023 sai

THE HONOURABLE SRI JUSTICE K.SURENDER

CRIMINAL PETITION No.11143 OF 2022

31.01.2023

sai