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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.Nirmal Kumar
P. Vinodh Kumar Surana – Appellant
Versus
Union of India Rep.by Intelligence Officer, Narcotics Control Bureau – Respondent
| Table of Content |
|---|
| 1. revision petition challenging dismissal order. (Para 1 , 2) |
| 2. arguments on legal grounds for vehicle confiscation. (Para 3 , 4 , 6 , 7) |
| 3. procedural guidelines for disposal of confiscated vehicles. (Para 5 , 14) |
| 4. court's view on returning seized property under ndps. (Para 8 , 9 , 12 , 13) |
| 5. decision to allow vehicle release under conditions. (Para 15) |
ORDER :
M.Nirmal Kumar, J.
Challenging the order of dismissal dated 27.05.2024 in Crl.M.P.No.2712 of 2024, passed by the learned Principal Special Judge under EC & NDPS Act, Chennai, the Revision Petitioner is before this Court with the present Revision.
2.Mr.M.Suresh, the learned counsel for the petitioner submitted that the petitioner is a vehicle financier. The 2nd respondent is the owner of the Lorry, bearing Reg.No.TN-74-AB-6786, had approached and availed finance for the Lorry, which was earlier financed by M/s.Equitas Small Finance Bank Limited. Now, the Lorry seized by the respondent for transporting Ganja of commercial quantity. The petitioner as financier filed return of property petition, which was dismissed, against which the present Revision.
3. Mr.N.P.Kumar, the learned Special Public Prosecutor vehemently
Special Courts under NDPS Act can consider return of property petitions, affirming ownership rights if statutory conditions are met.
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.
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 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.
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.
Property seized under NDPS Act cannot be returned without a judicial hearing if the owner proves lack of knowledge regarding contraband use.
The court established the necessity of judicial scrutiny and opportunity for hearing prior to the confiscation of seized vehicles under the NDPS Act.
The court reaffirmed that the jurisdiction to grant interim custody of vehicles seized under NDPS Act lies with the Special Court, ensuring owners' rights are protected during proceedings.
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.
The court emphasized that the ownership of seized vehicles cannot be ignored and must be adjudicated by a Special Court to ensure fairness and justice.
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