IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice M.NIRMAL KUMAR
Parasuraman – Appellant
Versus
State – Respondent
ORDER :
1. Challenging the order of dismissal, dated 23.01.2024, in C.M.P.No.9137 of 2023, in Crime No.453 of 2023, passed by the learned Principal Special Judge under EC & NDPS Act, Chennai, the Petitioner, who is the owner of the vehicle viz., Auto, bearing Reg.No.TN-19-AD-0545, is before this Court with the present Revision, for return of vehicle.
2. Mr.S.Sathish Kumar, the learned counsel appearing for the petitioner would submit that the petitioner is the owner of the vehicle viz., Auto, bearing Reg.No.TN-19-AD-0545 and he is not an accused. The Petitioner hired his vehicle to the Accused No.1 and from the earnings, he is sustaining himself. The vehicle was misused by the accused to transport the contraband. He further submitted that the vehicle is kept in open space exposing to vagaries of weather, further detention would make the vehicle unusable, rusted and it would become a scrap. The petitioner is ready to comply with any condition that this Court may impose while granting return of vehicle. He would further submit that due to detention of vehicle, he is unable to make any earnings, and his livelihood is greatly affected.
3. Mr.Hasan Mohammed Jinnah, the learned State Public
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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.
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 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.
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.
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 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 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.
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