Telangana High Court
Pankaj Haldar vs State Of Telangana on 3 January, 2024
HON'BLE SMT. JUSTICE T. MADHAVI DEVI
CRIMINAL PETITION No.14 of 2024
ORDER:
Heard learned counsel for the petitioner as well as learned Assistant
Public Prosecutor for the respondents-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, Khammam, requesting for release of the vehicle-Ertiga car
bearing registration No.OD-10-R-1966 seized in Crime No.15 of 2023 on
the file of Prohibition and Excise Station, Nelakondapally, registered for
the offence under Section 8(c) read with 20(b)(ii)(c) of NDPS Act, 1985.
The Deputy Commissioner of Prohibition and Excise, Khammam, vide
order dated 18.11.2023 observed that the involvement of the crime vehicle
in transporting the ganja is clearly established and hence, ordered for
confiscation of the said crime vehicle.
TMD, J
3. In Union of India Vs. Mohanlal and another 1 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
(2016) 3 SCC 379
TMD, J
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 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 Desai Vs. State of Gujarat 2 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
(2002) 10 SCC 283
TMD, J
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
(cited supra), ordered to release the vehicles seized in the crimes for the
offences under the NDPS Act.
5. In view of the above said legal position, this Criminal Petition is
allowed, directing the Station House Officer, Prohibition and Excise Police
Station, Nelakondapally, Khammam, to produce the crime vehicle (i.e.,
Ertiga Car bearing registration No.OD-10-R-1966 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.6,00,000/- (Rupees Six lakhs only)
with one surety for a like sum to the satisfaction of the designated
Court i.e., learned Metropolitan Sessions Judge, Hyderabad.
TMD, J
(ii) The petitioner 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) The petitioner 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 applications, if any pending, shall also stand
closed.
___________________________
JUSTICE T.MADHAVI DEVI
03.01.2024
Note:
Issue CC by 04.01.2024.
B/o
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