Telangana High Court
Syed Mehandi vs The State Of Telangana on 18 November, 2024
Author: Juvvadi Sridevi
Bench: Juvvadi Sridevi
HON'BLE SMT. JUSTICE JUVVADI SRIDEVI
CRIMINAL PETITION No.13847 of 2024
ORDER :
This criminal petition is filed under Section 528 of Bharatiya
Nagarik Suraksha Sanhitha, 2023 (for short 'BNSS'), to release
Honda Accord Car bearing No.DL-3C-BA-2622 (hereinafter
referred to as "crime vehicle") seized in Crime No.334 of 2024 of
P.S. Banjara Hills, registered for the offences punishable under
Sections 8(c) r/w. 20(b)(ii)(A) and 27 of NDPS Act, 1985.
2. Heard Ms. Meghana Addla Suneel, learned counsel for the
petitioner as well as learned Additional Public Prosecutor for the
respondents-State. Perused the record.
3. The case of the petitioner is that he is the registered owner
of the crime vehicle. On the ground that ganja was being
transported in the crime vehicle, the respondent-Police have seized
the same.
JS, J
Crl.P.No.13847 of 2024
4. The Hon'ble Supreme Court in Union of India v. Mohanlal
and another 1, has given 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
(2016) 3 SCC 379
JS, J
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'."
5. The Hon'ble Supreme Court in Sunderbhai Ambalal Desai
v. State of Gujarat 2, 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
(2002) 10 SCC 283
JS, J
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.
6. In view of the above said legal positions, this Criminal
Petition is allowed, directing the Station House Officer, P.S.
Banjara Hills, to produce the crime vehicle (i.e., Honda Accord Car
bearing Registration No.DL-3C-BA-2622) before the learned III
Additional Chief Metropolitan Magistrate, Hyderabad (for short
'trial Court'), within a period of one (01) week from the date of
receipt of a copy of this order. On such deposit, the trial Court shall
return the crime vehicle to the petitioner/owner of the vehicle as
interim custody, on proper verification of ownership, subject to 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 trial Court.
JS, J
(ii) The petitioner shall deposit the original
Registration Certificate of the crime vehicle before the
trial Court and the trial Court shall issue certified copy
of Registration Certificate to the petitioner, to enable
him to ply the vehicle on road without there being any
hindrance; and
(iii) The petitioner 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 trial Court and that he shall not alienate,
alter or change the nature of vehicle.
Miscellaneous applications, if any pending, shall also
stand closed.
____________________
JUVVADI SRIDEVI, J
Date: 18.11.2024
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