The main legal point established in the judgment is that the petition under Section 451 of Cr.P.C for return of a vehicle seized under the NDPS Act is not maintainable, and the special procedure for dealing with seized conveyances under the NDPS Act must be followed.

ORDER :

PRAYER: Criminal Revision Case filed under Section 397 r/w 401 of the Code of Criminal Procedure, to call for the records of the learned Additional District Judge/Principal Sessions Court/Special Court for E.C and NDPS Act Cases, Madurai in Cr.M.P.No.137 of 2019, dated 22.01.2019 and to set aside the same and further direct the learned Additional District Judge/Principal Sessions Court/Special Court for E.C and NDPS Act Cases, Madurai to grant interim custody of the vehicle, a Jeep viz., Mahindra – Thar bearing Registration No.KL-31-E-9699 to the petitioner.

This revision has been filed as against the order passed in Cr.M.P.No.137 of 2019, dated 22.01.2019 on the file of the learned Additional District Judge/Principal Sessions Court/Special Court for E.C and NDPS Act Cases, Madurai, thereby dismissed the application filed under Section 451 of Cr.P.C to return the vehicle bearing Registration No.KL-31-E-9699.

2. The learned counsel appearing for the petitioner would submit that the petitioner is the owner of the said vehicle and he has been implicated as the second accused in Crime No.387 of 2018 for the offences under Section 8(c) r/w 20(b)(ii)(B) and 25 of NDPS Act. On 30.11.2018, the respondent arrested the petitioner and seized his vehicle. Hence, the petitioner filed an application in Cr.M.P.No.137 of 2019 on the file of the learned Additional District Judge/Principal Sessions Court/Special Court for E.C and NDPS Act Cases, Madurai, to return the said vehicle under Section 451 of Cr.P.C and the trial Court dismissed the said petition. Hence, the present revision.

3. The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner is arraigned as the second accused in Crime No.387 of 2018 and the vehicle owned by him was also involved in the crime. Therefore, the petitioner was arrested and the vehicle was seized along with contraband. The petition filed under Section 451 of Cr.P.C. is not at all maintainable for the release of the property when the petitioner's vehicle was seized along with contraband under the NDPS Act. If at all any grievance over the seizure of the vehicle from the petitioner, he can very well approach the trial Court under Sections 60 and 63 of the NDPS Act.

4. Heard the learned counsel appearing on either side and perused the materials available on record.

5. The petitioner is an accused in Crime No.387 of 2018 registered for the offences under Section 8(c) r/w 20(b)(ii)(B) and 25 of NDPS Act. The case of the prosecution is that the petitioner was found in possession of Ganja in his vehicle bearing Registration No.KL-31-E-9699. On registration of the F.I.R, the vehicle was seized along with the contraband from the custody of the petitioner. While pending investigation, the petitioner filed a petition for return of property under Section 451 of Cr.P.C. It was dismissed on the ground that the petitioner suppressed the fact that earlier the vehicle was involved in a similar offence and it was returned on condition that the petitioner shall not use the vehicle and indulge in any crime. The said fact was suppressed and filed a petition for return of property.

6. The point for consideration in this revision is that whether the petition filed under Section 451 of Cr.P.C for return of vehicle is maintainable or not?

7. The Narcotic Drugs and Psychotropic Substances Act, 1985 was enacted consolidating and amending the provisions for the control and regularization of operating relating to the Narcotic Drugs and Psychotropic Substances under the Opium Act, 1878 and the Dangerous Drugs Act, 1930. This Act was amended once in the year 1989 and subsequently in the year 2001. During the implementation of the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2001, certain anomalies have been noticed. It is proposed to rectify those anomalies and make certain further