JUDGMENT :

(Prayer: Criminal Revision Case is filed under Sections 397 r/w 401 of the Criminal Procedure Code to call for the records relating to set aside the order passed in Crl.M.P. No.106310 of 2023 on the file of the learned Additional District and Sessions Judge/Presiding Officer, Special Court for EC & NDPS Act Cases, Pudukkottai, dated 04.01.2024 in Crime No.140 of 2023 on the file of the respondent police and allow this Criminal Revision Petition.)

1. Challenging the dismissal order passed by the learned Additional District and Sessions Judge/Presiding Officer, Special Court for EC and NDPS Act Cases, Pudukkottai, in Crl.M.P.No.106310 of 2023, dated 04.01.2024, the present Criminal Revision Petition has been filed by the petitioner seeking interim custody of the seized vehicle viz., Royal Engield Classic 350 bearing Registration No.TN 55 BC 2737, which is in the custody of the respondent/Inspector of Police, Ganesh Nagar Police Station, Pudukkottai District, in Crime No.140 of 2023 for the alleged offences punishable under Section 8(c) r/w 20(b) (ii)(B) and 25 of Narcotic Drugs & Psychotropic Substances Act (for short ‘the NDPS Act’).

2. The case of the petitioner is that the petitioner is the owner of the two wheeler bearing Registration No.TN 55 BL 2737 and the vehicle has been seized in Crime No.140 of 2023 by the respondent/Inspector of Police, Ganesh Nagar Police Station, Pudukkottai District, for the alleged offences punishable under Section 8 (c) r/w 20(b)(ii)(B) and 25 of NDPS Act. The vehicle is in no way connected with the alleged crime as contended by the respondent Police and seeking interim custody, miscellaneous petition was filed before the trial Court and the trial Court dismissed the petition. Challenging the same, the present Criminal Revision Petition is filed.

3. The learned counsel for the petitioner submitted that admittedly, the petitioner is the owner of the vehicle and on the allegation that the vehicle was involved in trafficking contraband, the vehicle has been seized and kept in open space. The petitioner, being owner of the vehicle is in no way connected with the said trafficking and the accused in the present case borrowed the two wheeler from the petitioner and used the said two wheeler. Since the petitioner vehicle has been seized and he is no way connected with the crime, the vehicle if kept in open place, is prone to corrosion and deterioration by being in open atmosphere, thereby, the value of the vehicle would diminish over a period of time. Therefore, the petitioner filed petition under Section 451 Cr.P.C. for interim custody of the vehicle, pending trial, which was since dismissed, leading to the filing of the present Criminal Revision Petition. The learned counsel further submits that the petitioner is ready to comply with any conditions imposed by this Court and, accordingly, prays for allowing the Criminal Revision Petition.

4. Per contra, learned Government Advocate appearing for the respondent submits that the said vehicle is involved in Crime No.140 of 2023 for the offences punishable under Section 8(c) r/w 20(b)(ii)(B) and 25 of NDPS Act and further, the release of vehicle involved in trafficking of narcotic substances has been dealt with by a learned single Judge of this Court in Nahoorkani – Vs – The State (Crl.R.C. (MD)No.41 of 2019– 16.06.2023), wherein, this Court, after elaborate discussion of the various provisions of the NDPS Act, vis-a-vis the Code of Criminal Procedure, had rejected the claim for return of vehicle and, therefore, the claim of the petitioner for return of vehicle cannot be considered, which has been rightly rejected by the Court below and therefore, no interference is warranted with the said decision and, accordingly, seeks dismissal of the present Criminal Revision.

5. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondent and perused the materials available on record and the various provi