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M. NIRMAL KUMAR
Mariyammal – Appellant
Versus
Inspector of Police, Chennai – Respondent
JUDGMENT :
M. NIRMAL KUMAR, J.
Prayer: Criminal Revision Petition filed under Sections 397 and 401 of Criminal Procedure Code, to set aside the impugned order passed by the learned Special Judge, I Additional Special Court for Exclusive Trial of Cases under NDPS Act, Chennai on 17.11.2023 in Crl. M.P. No. 7711/2023 in C.C. No. 795/2023, on the file of 1st respondent.
1. The petitioner is the owner of the Auto bearing Registration No. TN-04-AT-8264, which was seized by the respondent Police in Crime No. 185 of 2023 and shown as case property in C.C. No. 795 of 2023 for offences under Sections 8(c) r/w 20(b)(ii)(B) and 25 of the Norcotics Drugs and Psychotrophic Substances Act (NDPS Act). The petitioner filed a petition seeking return of Auto bearing Registration No. TN-04-AT-8264 in Crl. M.P. No. 7711 of 2023 before the learned I Additional Special Judge, I Additional Special Court for Exclusive Trial of Cases under NDPS Act, Chennai. The learned I Additional Special Judge, by order dated 17.11.2023 dismissed the return of property petition, against which, the present revision has been filed.
2. The contention of the learned counsel for petitioner is that one Anthony Raj entered into a
The central legal point established in the judgment is the ownership of the seized vehicle, the petitioner's lack of involvement in the offense, and the legal principles regarding the release of vehi....
Seized vehicles can be returned to owners under conditions that prevent their use in illegal activities, as per established legal precedents.
The court established the necessity of judicial scrutiny and opportunity for hearing prior to the confiscation of seized vehicles under the NDPS Act.
Ownership of a vehicle does not imply knowledge of its use for illegal activities; the NDPS Act allows for property return under specific conditions defined in the Criminal Procedure Code.
Special Courts under NDPS Act can consider return of property petitions, affirming ownership rights if statutory conditions are met.
Property seized under NDPS Act cannot be returned without a judicial hearing if the owner proves lack of knowledge regarding contraband use.
The court may order the return of seized vehicles under NDPS Act if the owner proves no involvement in the offense, subject to specific legal conditions.
Where vehicle value may deteriorate, interim custody may be granted subject to conditions despite ongoing NDPS proceedings.
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