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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.NIRMAL KUMAR
Jeevan – Appellant
Versus
State Rep by its The Inspector of Police – Respondent
| Table of Content |
|---|
| 1. petition for return of seized mobile phone. (Para 1 , 2 , 3) |
| 2. legal arguments against return procedures under ndps. (Para 4 , 5 , 6) |
| 3. court observations on handling of evidence and precedents. (Para 7 , 8 , 9) |
| 4. ruling on return of mobile phone under specific conditions. (Para 10 , 11) |
| 5. final ruling directing return of the mobile phone. (Para 12 , 13) |
ORDER :
M. NIRMAL KUMAR, J.
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
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.
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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