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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice M.NIRMAL KUMAR
Mohammed Asif – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. petitioner seeks return of seized mobile phone. (Para 1) |
| 2. petitioner's arguments against seizure and need for phone. (Para 2 , 3) |
| 3. state's justification for confiscation under ndps act. (Para 4 , 5 , 6) |
| 4. petitioner's counterarguments regarding prior case precedents. (Para 7) |
| 5. court's preliminary judgment process. (Para 8) |
| 6. acknowledgment of petitioner's ownership but with risks. (Para 9) |
| 7. court's final reasoning on non-return of mobile. (Para 10 , 11) |
| 8. judgment dismisses the petition. (Para 12) |
ORDER :
1. Challenging the order of dismissal dated 20.09.2024 in Crl.M.P.No.9838 of 2024 passed by the learned Principal Special Judge, Principal Special Court under EC & NDPS Act, Chennai, the petitioner, who is the owner of the mobile phone viz., OnePlus Nord CE 2 Lite 5G, seized in Crime No.129 of 2024, is before this Court with the present revision, for return of property.
2. The learned counsel for the petitioner submitted that the petitioner is the owner of the mobile phone viz., OnePlus Nord CE 2 Lite 5G and a third party to the case. He further submitted that A1 in this case is the mother of the petitioner and the petitioner is no way connected with the offenc
Seized property in drug trafficking cases should not be returned if linked to ongoing criminal activities, prioritizing public safety and procedural compliance.
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 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 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.
Non-accused entitled to return of seized property on bond pending trial in intermediate quantity NDPS cases.
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.
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