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V. SIVAGNANAM
Narayanan – Appellant
Versus
State By Inspector of Police, Chennai – Respondent
JUDGMENT
(Prayer: Criminal Revision Case filed under section 397 & 401 Cr.P.C. to set aside the order dated 04.03.2023 made in Crl.M.P.No.1268 of 2023 on the file of the Principal Special Court under EC & NDPS Act at Chennai and allow the above criminal revision.)
Challenging the order dated 04.03.2023 passed in Crl.M.P.No.1268 of 2023 by the Principal Special Court under EC & NDPS Act at Chennai, this Criminal Revision Case has been filed.
2. The prosecution case is that on receiving a secret information about illegal sale of Ganja on 29.12.2022, the sub Inspector of Police along with his police team went to SOC (i.e) near 200 feet road junction, Pallavaram Station Boarded road, at that time, Thameem Ansari (A1), Sirajudeen (A2) and Narayanan (A3) were came in two wheeler bearing registration No. TN 20 DY 2300 Honda Activa, car bearing registration No. TN 05 AP 2626 Volk Wagon and another car bearing registration No. TN 22 BK 5252 Innova Car and the respondent police caught the accused in spot and enquired them and found 1.250 Kg Ganja, 2 gram Methamphetamine and 10 ml Ganja Oil in illegal possession of A-1, 1.150 Kg Ganja from A-2 and 1.100 Kg Ganja from A-3. Thereafter, the respond
The principle of protecting property and returning seized articles to the owner to prevent diminishing value and serve the purpose.
The main legal point established in the judgment is that the trial Court has the power to consider the application for interim custody of the vehicle under Section 451 and 457 of Cr.P.C. in cases ari....
Interim custody of seized vehicle granted to prevent deterioration, despite NDPS offence allegations.
The interim custody of a vehicle seized in criminal proceedings should be granted to the owner if continued detention causes unnecessary deterioration, subject to conditions ensuring the vehicle's av....
Seized vehicles in criminal proceedings should be released to the rightful owner on conditions, rather than being left in open courts to deteriorate, based on principles of effective property managem....
When ownership of a seized vehicle is not in dispute, the court should exercise its powers under S. 497 and S. 503 BNSS to release the vehicle on conditions to prevent it from decaying in custody, ra....
The central legal point established in the judgment is the authority of the Magistrate to pass appropriate orders for the return of seized vehicles and the need to avoid keeping seized vehicles idle ....
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