Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice M.NIRMAL KUMAR
Mohammed Asif – Appellant
Versus
State – Respondent
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 offence. The respondent Police registered an FIR in Crime No.129 of 2024 on 07.05.2024 for the offences under Sections 8 (c) r/w 20(b)(ii)(B) and 29(1) of Narcotic Drugs and Psychotropic Substances Act against the petitioner's mother Rahamath Nisha/A1 and Saiyath Mushtaq Basha/A2 and seized the above said mobile phone from the petitioner's mother/A1. He further submitted that the petitioner is a college student and he requires the said mobile phone for his day to day usage more particularly for his education. Since he hails f
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.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
