Back
P. VADAMALAI
Manikandan – Appellant
Versus
State rep. by The Inspector of Police, PEW – Thoothukudi Police Station, Thoothukudi District – Respondent
JUDGMENT :
(Prayer: This Criminal Revision has been filed under Section 397 r/w 401 of Cr.P.C., 1973, to call for the records and set aside the order of dismissal dated 18.10.2023 made in Crl.M.P.No.2409 of 2023 in Crime No.584 of 2023 on the file of the Principal Special Court for Narcotic Drugs and Psychotropic Substances Act Cases, Madurai by allowing the present Criminal Revision Petition.)
1. This Criminal Revision Case is filed to set aside the order dated 18.10.2023 made in Crl.M.P.No.2409 of 2023 on the file of the Principal Special Court for NDPS Act Cases, Madurai, and to direct the respondent to grant interim custody of the vehicle Toyota Innova Car bearing Registration No.TN-22-CH-3280 which was seized by the respondent in Crime No.584 of 2023.
2. The brief facts of the case:
The NDPS Act's specific provisions regarding seized vehicles take precedence over general Cr.P.C. provisions, requiring proof of ownership and lack of knowledge of illicit use for return of property.
Ownership rights must be acknowledged in interim custody claims of seized vehicles under the NDPS Act, especially when no charges are laid against the owner.
Interim custody of a seized vehicle under NDPS is justified if the owner proves no knowledge or involvement in illegal acts, respecting natural justice.
A true vehicle owner not implicated in a narcotics crime is entitled to interim custody of their vehicle pending trial, emphasizing procedural fairness and rights under statutory law.
Car owners, not charged in drug cases, may have vehicles returned unless shown knowledge or involvement in crimes.
The ownership of a vehicle seized under NDPS Act must be respected if the owner proves lack of knowledge of its illegal use; interim custody can be granted subject to conditions.
The court emphasized that the ownership of seized vehicles cannot be ignored and must be adjudicated by a Special Court to ensure fairness and justice.
The owner of a vehicle seized in connection with an NDPS offence can claim its release if proved unconnected with the crime, emphasizing the need for judicial scrutiny in such cases.
The court reaffirmed that the jurisdiction to grant interim custody of vehicles seized under NDPS Act lies with the Special Court, ensuring owners' rights are protected during proceedings.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
