Crl.R.C.No.1627 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.01.2023

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM

Crl.R.C.No.1627 of 2022

J.M.Renuka

... Petitioner

-vs-

State Rep. by its,

The Inspector of Police,

H6, R.K Nagar Police Station,

Chennai.

Crime No.279 of 2022.

... Respondent

PRAYER: Criminal Revision Petition is filed under Section 397 r/w 401 of

Cr.P.C., to set aside the order passed in Crl.M.P.No.4582 of 2022, dated

26.09.2022 on the file of Hon'ble Principal Special Court for NDPS Act Cases at

Chennai and direct the respondent to release the Two Wheeler Honda Activa

Scooter bearing Reg.No.TN-85-L-3431 bearing Chassis No.ME4JF

49NJKG000230 bearing Engine No.JF49EG4000578, which was seized in

connection with the Crime No.279 of 2022 pending on the file of the respondent.

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Crl.R.C.No.1627 of 2022

For Petitioner

: Ms.L.Srileka

For Respondent

: Mr.V. Meganathan

Govt. Advocate (Crl.Side)

O R D E R

Challenging the order of dismissal of the petitioner's application filed to

return the vehicle passed by the Principal Special Court under EC & NDPS Act,

Chennai, in Crl.M.P.No.4582 of 2022, dated 26.09.2022, the present Revision has

been filed.

2. The Learned Counsel for the petitioner submitted that the petitioner is the

owner of the vehicle and she is not an accused. The petitioner's husband is the

accused in this case. The respondent police registered a case against her husband

in Crime No.279 of 2022 for the offences under Sections 8 (c), 22 (c) and 25 of

NDPS Act, 1985 and seized Tapentadol Tablets 100 mg - 2200 tablets,

Alprazolam Tablets-1000 tablets, Clonazepam Tablets - 600 tablets, Nitrazepam

Tablets - 9000 tablets, Alprazolam sustained release tablets - 400 tablets and

Ketamine Injection - 100 bottles from the accused person and also seized the Two

Wheeler Honda Activa Scooter bearing Reg.No.TN-85-L-3431 bearing Chassis

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Crl.R.C.No.1627 of 2022

No.ME4JF 49NJKG000230 bearing Engine No.JF49EG4000578. Further, the

learned counsel for the petitioner submitted that the petitioner filed an application

seeking for interim custody of the two wheeler and the same was dismissed by the

trial Court on the ground that the contraband seized is of commercial quantity.

3. The learned counsel for the petitioner contended that the petitioner is the

owner of the two wheeler bearing Reg.No.TN-85-L-3431. The petitioner does not

commit any similar type of offence and she is ready to abide any condition

imposed by this Court. If the vehicle is allowed to be stationed in an open yard

under all weather conditions and the natural calamities, the value of the vehicle will

be drastically depreciated.

4. When the matter is taken up, the Learned Government Advocate

(Crl.Side) for the respondent objected to return the vehicle. However, he submitted

that the petitioner's vehicle was not involved in any previous case or similar type of

offence. Hence, he prays to dismiss the petition.

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Crl.R.C.No.1627 of 2022

5. Further, the Learned Government Advocate (Crl.Side) for the respondent

filed counter and objected to return the vehicle to the petitioner and pleaded that to

dismiss the revision petition. In the counter, paragraph No.1 reads as below:-

“1. ... The case of the prosecution is that on

29.04.2022 at about 10.00 hours, when Tr.Praveen Kumar,

the Sub Inspector of Police was in station duty, at that time

received a secret information about illegal transport of

Narcotic substances, after receiving the secret information,

thereafter he went to the scene of occurrence i.e.. Near

Sunnambu Kalvai Bus Stop, along with his Police Team (l.e)

Tr.Farith Raja-PC 52527 and Tr.Guru-PC 42627. At that

time, one accused standing there with Honda Activa

bear