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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
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 opposed the petition submitting that return of property in the NDPS Act Cases cannot be entertained invoking Sections 457 and 451 of Cr.P.C., and it is liable for confiscation under Section 52 -A, 60, 61 and 63 of NDPS Act., unless the owner of the conveyance proves that the conveyance was used without his knowledge and connivance, he has taken all reasonable precaution
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.
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.
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.
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