Crl.R.C.No.1696 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.1696 of 2022

Anandakumar

... Petitioner

Vs.

1. State Rep. by,

The Inspector of Police,

UthukuliPolice Station,

Tiruppur District.

2. The Branch Manager,

Kotak Mahindra Prime Limited,

1^st Floor, UR House 1056,

C, Avinashi Road, Anna Salai,

Gopalapuram, Coimbatore – 641 018.

... Respondents

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

Cr.P.C., 1973, to call for the records and set aside the order dated 01.11.2022 of

the Learned Additional District Judge, Special Court for Essential Commodities

Act Cases, Coimbatore in Crl.M.P.No.3433 of 2022 and to direct the 1^st

respondent to return the vehicle Viz., Innova Crysta Car bearing Registration

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Crl.R.C.No.1696 of 2022

No.TN-49-BL-5050 to the petitioner in Crime No.302 of 2022 pending on the file

of 1^st respondent police.

For Petitioner

: Mr.M.Mathan Raj

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 under Sections 451 r/w 457 Cr.P.C, passed by the Additional

District Judge, Special Court for Essential Commodities Act Cases, Coimbatore, in

Crl.M.P.No.3433 of 2022, dated 01.11.2022, the present Revision has been filed.

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

owner of the vehicle and he is no way connected in this case. The respondent

police registered a case against the accused person in Crime No.302 of 2022 for

the offences under Sections 8 (c) r/w 20(b)(ii)(C) of NDPS Act, 1985 and seized

21.300kgs of Ganja from the accused person and also seized the four Wheeler viz.,

Innova Crysta Car bearing Reg. No.TN-49-BL-5050. Further, the learned counsel

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Crl.R.C.No.1696 of 2022

for the petitioner submitted that the petitioner filed an application seeking for

interim custody of the four wheeler and the same was dismissed by the trial Court

on the ground that the contraband seized in the vehicle is of commercial quantity.

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

owner of the four wheeler bearing Reg.No.TN-49-BL-5050. The petitioner does

not commit any similar type of offence and he 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 has not involved in any previous case or similar type of

crime. Hence, he prays to dismiss the petition.

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Crl.R.C.No.1696 of 2022

5. On perusal of records, the fact reveals that, the petitioner is the owner of

the vehicle bearing Reg.No.TN-49-BL-5050. Based on the complaint given by one

Bharathiraja, the respondent police intercepted vehicle and registered the case in

Crime No.302 of 2022 for the offences under Sections 8 (c) r/w 20(b)(ii)(C) of

NDPS Act, 1985. Further, the respondent counsel stated that the vehicle has not

involved in any similar type of crime. Under such circumstances, the petitioner is

entitled for interim custody of the vehicle. Therefore, this Court is inclined to

return the vehicle as per the dictum laid down by the Hon'ble Supreme Court.

6. In Sunderbhai Ambalal Desai vs State Of Gujarat, the Hon'ble Supreme

Court in paragraph No.17 has held as follows:-

''In our view, whatever be the situation, it is of no use to

keep such-seized vehicles at the police stations for a long period. It

is for the Magistr