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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
M.DHANDAPANI
Muhammed Shan – Appellant
Versus
State, Through The Inspector of Police – Respondent
ORDER :
M. DHANDAPANI, J.
1. The seizure of the Toyota Innova Car bearing Regn. No.KL-21-C-0786 by the respondent herein in Crime No. 224/2022 for the alleged offences punishable u/s 8 (c) r/w 20 (b)(ii)(C) and 25 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’), resulted in the filing of Crl. M.P. No.613/2023, u/s 451 of the Code of Criminal Procedure, by the petitioner herein, seeking return of the said vehicle, which was dismissed vide order dated 9.6.2023 by the Addl. District Judge, Principal Special Court for Trial of NDPS cases, Madurai, has ended before this Court assailing the said order.
2. Shorn of unnecessary details, the facts leading to the filing of the present revision are as hereunder :-
It is averred by the petitioner that he is the owner of the Toyota Innova Car bearing Registration No.KL-21-C-0786, which, as an interim arrangement, is alleged to have been handed over to one Hakkim, Sub Inspector of Police in Kerala Police Department on 29.07.2019 for his personal use towards some medical treatment to be taken by the said individual at Apollo Hospitals, Chennai. It is the further averment of the petitioner that the original RC book
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.
A registered owner of a vehicle seized in connection with a narcotics offence, who is not an accused, is entitled to interim custody of the vehicle, subject to meeting certain conditions to ensure co....
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.
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.
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.
Ownership rights must be acknowledged in interim custody claims of seized vehicles under the NDPS Act, especially when no charges are laid against the owner.
The Special Court has exclusive jurisdiction to grant interim custody of seized vehicles under the NDPS Act, ensuring adherence to principles of natural justice.
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