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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice M. NIRMAL KUMAR
Jeevan – Appellant
Versus
State Rep. by its the Inspector of Police – Respondent
| Table of Content |
|---|
| 1. petition for mobile phone return (Para 1 , 2) |
| 2. arguments on ndps act and confiscation (Para 3 , 4 , 5 , 6 , 7) |
| 3. court's findings on property return (Para 8 , 9 , 10) |
| 4. conditions for mobile phone return (Para 11 , 12) |
| 5. final order of appeal (Para 13) |
ORDER :
1. Challenging the order of dismissal dated 15.03.2024 in Crl.M.P.No.452 of 2024, passed by the learned Principal Special Judge under NDPS & EC Act at Chennai, the petitioner, who is the owner of the mobile phone, is before this Court with the present Revision.
2. Mr.A.Vinoth Kumar, the learned counsel appearing for the petitioner would submit that the petitioner is the owner of the mobile phone, bearing Model No.“Apple iPhone 13 (128 GB)-Midnight having colour of Black, IMEI No.350112337364722, filed a petition in Crl.M.P.No.452 of 2024, before the learned Principal Special Judge under NDPS & EC Act at Chennai, and the same was dismissed by the trial Court. He further submitted that the petitioner is no way connected with the offence. A1 being the relative of the petitioner taken his Mobile for some urgency. The petitioner undertakes to produce the Mobile Phone before the trial Court as and when required.
3.
The return of seized property under the NDPS Act can be considered based on specific circumstances and guidelines, superseding general provisions of the Cr.P.C.
Return of property seized under the NDPS Act can be ordered if the owner is not implicated, aligning with specific provisions of Cr.P.C. despite general statutory restrictions.
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.
Seized property in drug trafficking cases should not be returned if linked to ongoing criminal activities, prioritizing public safety and procedural compliance.
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.
The provisions of the Cr.P.C. providing for interim custody are not inconsistent with the NDPS Act.
Confiscation and release of vehicle – Decision regarding confiscation of any article can be taken only by Special Court and only after conviction, acquittal or discharge – There is no provision for p....
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.
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