The judgment clarifies that ownership alone does not guarantee custody of a seized vehicle under NDPS Act; the owner must demonstrate non-involvement in the trafficking to reclaim it.

ORDER

This Criminal Revision petition has been filed against the order passed in Crl.M.P.No.6678 of 2023 dated 06.11.2023 by the Special Judge, II Additional Special Court for Exclusive Trial of Cases under NDPS Act, Chennai and for a consequential direction to release the petitioner's KTM

200 Duke Motorcycle lorry bearing Registration No.TN-07-CB-1913. 2. The case of the petitioner is that, the petitioner is the owner of the KTM 200 Duke motorcycle bearing Registration No.TN-07-CB-1913, which was seized by the respondent in pursuance of the FIR registered in Crime No.2362 of 2021 for the alleged offence u/s. 8(c) r/w 20(b)(ii)(B), 22(c), 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 relative (A5) 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.M.P.No.6678 of 2023 before the trial court, however, the trial court had dismissed the said petition, vide impugned order dated 06.11.2023. Challenging the same, the present Criminal Revision Case 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 Section 451 r/w 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. Learned counsel further submits that the petitioner is ready to comply with any conditions imposed by this Court and, accordingly, prays for allowing this revision.

4. Per contra, learned Government Advocate (Crl. Side) appearing for the respondent submits that the said vehicle is involved in Crime No.2362 of 2021 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B), 22(c), 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 is the owner and the accused A5 is the relative of the petitioner and the petitioner's vehicle had been utilised by the accused persons 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 materials available on record.

6. The genesis of the present case is that the accused were found to be in possession of Nitrovit Tablet and Tydol and 2 Kgs of Ganja when they were apprehended by the law enforcing agency and, the vehicle was used for the purpose of perpetrating the crime and, therefore, the vehicle was seized. Pending trial, petition for interim custody of the vehicle was filed, which has been rejected against which the present revision has been preferred.

7. The short question that arises for consi