Under the NDPS Act, an owner must prove lack of knowledge of a vehicle's use in drug trafficking to obtain interim custody; special provisions prevail over general procedural laws.

ORDER

This Criminal Revision petition has been filed against the order passed in CMP.No.248 of 2024 dated 05.02.2024 by the Principal Special Court under EC & NDPS Act, Chennai, and for a consequential direction to release the petitioner's vehicle "YAMAHA R15M" Two Wheeler bearing Registration No.TN 12 AT 7326 (Engine No.G3N4E0301760), (Chassis No.ME1RG6726N0023170) which was seized in connection with Crime No.610 of 2023 on the file of the respondent Police.

2. The case of the petitioner is that, the petitioner is the owner of YAMAHA R15M" Two Wheeler bearing Registration No.TN 12 AT 7326 (Engine No.G3N4E0301760), (Chassis No.ME1RG6726N0023170), which was seized by the respondent in pursuance of the FIR registered in Crime No.610 of 2023 for the alleged offence u/s. 8(c), 20(b)(ii)(B), 25 & 29(1) of the NDPS Act. Further, the above said vehicle belonged to the petitioner and the said vehicle had been utilized by his friend/accused No.2, without his knowledge for the purpose of transportation of narcotic drugs and the respondent had seized the vehicle and kept the same in the police station for the aforesaid offences. The petitioner is in no way connected with the crime and is not arrayed as an accused in the offence. Therefore, seeking interim custody, the petitioner filed Crl.MP.No.248 of 2024 before the trial court, however, the trial court had dismissed the said petition, vide impugned order dated 05.02.2024. Challenging the same, the present Criminal Revision Petition is filed.

3. Learned counsel for the petitioner submitted that admittedly, the petitioner is the owner of the vehicle and on the allegation that the vehicle was involved in trafficking contraband, the vehicle has been seized and kept in open space. The petitioner, being the owner of the vehicle, is in no way connected with the said trafficking. Since the petitioner’s vehicle has been seized and is being kept in open place, the vehicle is prone to corrosion and deterioration by being in open atmosphere, thereby, the value of the vehicle would diminish over a period of time. Further, for the purpose of his livelihood, the petitioner requires his vehicle as otherwise, he would be put to hardship and irreparable loss. Therefore, the petitioner filed petition under Sections 451 and 457 Cr.P.C. for interim custody of the vehicle, pending trial, which has since been dismissed, leading to the filing of the present revision petition. Learned counsel further submits that the petitioner is ready to comply with any conditions imposed by this Court and, accordingly, prays for allowing these criminal revision petition.

4. Per contra, learned Government Advocate (Crl. Side) appearing for the respondent submits that the said vehicle is involved in Crime No.610 of 2023 for the offences punishable under Sections 8(c), 20(b)(ii)(B), 25 & 29(1) of the NDPS Act and further if the vehicle is released, it may be used for similar purpose of trafficking of narcotic substances and the petitioner's vehicle had been utilised by the accused No.2 for the purpose of trafficking contraband and the involvement of the petitioner would be known only after the investigation is completed and, appreciating all the aforesaid facts, the trial court had rejected the claim for interim custody of the vehicle and, therefore, no interference is warranted with the said decision and, accordingly, seeks dismissal of the present revision.

5. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent and perused the