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2023 Supreme(Mad) 1871
IN THE HIGH COURT OF JUDICATURE AT MADRAS
V. SIVAGNANAM, J.
Narayanan – Appellant
Versus
State By Inspector of Police, Chennai – Respondent
CRL.R.C.No. 724 of 2023
Decided On : 13-06-2023
For the Petitioner:R. Thamarai Selvan, Advocate. For the Respondent:R. Vinothraja, Government Advocate (crl.side).
The principle of protecting property and returning seized articles to the owner to prevent diminishing value and serve the purpose.
Headnote:
Ganja - Criminal Revision Case - NDPS Act - Sections 8(c), r/w 20(b) (ii) (B), 22(a), 29(i), 25 - The court allowed the Criminal Revision Case and ordered the return of the seized vehicle to the petitioner, the owner, under certain conditions.
Fact of the Case:
The police caught the accused in possession of illegal substances and registered a case under the NDPS Act. The petitioner, owner of the seized vehicle, filed a petition for the return of his vehicle, which was dismissed by the trial court.
Finding of the Court:
The court found that keeping the vehicle idle in open space would diminish its value and serve no purpose. It also considered the petitioner's readiness to provide guarantee and security for the vehicle's return.
Issues: The main issue was the return of the seized vehicle and the potential risk of it being used for illegal activities.
Ratio Decidendi: The court relied on the principle established by the Supreme Court in the case of Sunderbhai Ambalal Desai and others Vs. State of Gujarat, directing the return of seized articles to the owner to protect the property.
Final Decision: The Criminal Revision Case was allowed, and the impugned order was set aside. The interim custody of the seized vehicle was ordered to be handed over to the petitioner under specific conditions.
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 respondent police registered a case in crime No.1046 of 2022 for the offences punishable under Sections 8(c), r/w 20(b) (ii) (B), 22(a), 29(i), 25 of NDPS Act against the accused. During the course of investigation, the then Inspector of police produced the seized articles before the Principal Special Court Under EC & NDPS Act cases, Chennai and the same was taken on file and assigned A.No.88 of 2023, B.No.39 of 2023 dated 24.01.2023.
3. The learned counsel for the petitioner submitted that the petitioner is the owner of the seized Innova Car bearing registration No.TN 22 BK 5252, which was handed over to the Court in B.No.39 of 2023 and the vehicle is not involved in any previous case of offence of similar in nature. The vehicle has been kept under the custody of the court and if the vehicle is kept in open space under unconditional weather conditions, the same would depreciate its value and user capacity. Therefore, the petitioner has filed a petition in Crl.M.P.No.1268 of 2023 for return of his vehicle and the same was dismissed by the trial Court.
4. Further, the learned counsel for the petitioner contended that no purpose will be served in keeping the vehicle under the custody of respondent police and if the vehicle is kept for a long time in the open space, it would cause damage to the vehicle. The petitioner is ready to give appropriate guarantee as well as security for return of vehicle and also he will produce the vehicle, as and when required either before the respondent police or before the trial court. Hence, he prayed to return the vehicle and he is ready to obey any condition imposed on him by this Court.
5. The learned Govt. Advocate (Crl.side) appearing for the respondent objected to return of vehicle stating that the petitioner is the third accused and the vehicle was involved in this crime and if the vehicle is ordered to be returned, he may use the vehicle for committing same offence. He fairly conceded that the vehicle is not involved in any previous case of similar in nature.
6. Heard both sides and perused the entire materials available on record.
7. A perusal of the records would reveal that on 29.12.2022, receiving a secret information about illegal sale of Ganja, the respondent Police along with the 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 fro
