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 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.

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 bearing Reg. No. TN-85-L-3431. On seeing the police parties, he is trying to escape from that place. Immediately, the said police parties caught and hold the accused flee from the place, during the enquiry came to know that the accused namely Vadivunathan. While searching the said accused and found in possession of 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 kept for illegal sale. Then, the said Sub Inspector of Police have arrested the accused Vadivunathan and obtained confession from him.

The above contrabands along with said two wheeler were seized from the accused under the cover of seizure mahazar in the presence d witnesses.”

6. I have considered the submissions made by the Learned Counsel for the petitioner and the Learned Government Advocate (Crl.side) for the respondent.

Records perused.

7. On perusal of records, the fact reveals that, the petitioner is the owner of the vehicle bearing Reg.No.TN-85-L-3431. Based on the complaint given by one R.Praveen Kumar, the respondent police intercepted vehicle and registered the case in Crime No.279 of 2022 for the offences unde