Only the owner may claim interim custody of a vehicle seized under the NDPS Act, following specific proof requirements regarding knowledge of its use in trafficking.

O R D E R

Challenging the dismissal order passed by the learned Special Judge, Special Court for Trial of NDPS Act Cases, Villupuram, in C.M.P.No.630 of 2023, dated 28.11.2023, the present criminal revision petition has been filed by the petitioner seeking interim custody of the seized vehicle viz., Bajaj Duke 200 (Motor Cycle) bearing Registration No.PY-01-CK-2570, which is in the custody of the respondent in Crime No.523 of 2023 for the alleged offences punishable under Section 8(c) r/w 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the Act’).

2. The case of the petitioner is that, the petitioner is the owner of the vehicle viz., Bajaj Duke 200 (Motor Cycle) bearing Registration No.PY-01- CK-2570 and the vehicle has been seized in Crime No.523 of 2023 by the respondent / Inspector of Police, Kallakurichi Police Station for the alleged offences punishable under Section 8(c) r/w 20(b)(ii)(B) of NDPS Act. The vehicle is no way connected with the alleged crime as contended by the respondent Police and seeking interim custody, miscellaneous petition was filed before the trial Court and the trial Court dismissed the petition.

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 no way connected with the said trafficking and the respondent had registered a case in Crime No.523 of 2023 and the petitioner has been falsely implicated in the case and the vehicle was misused by the petitioner's friend without his knowledge. 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 of 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 the 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.523 of 2023 for the offences punishable under Section 8(c) r/w 20(b)(ii)(B) of NDPS Act and further if the vehicle is released, it may be used for similar purpose of trafficking of narcotic substances has been dealt with by a learned Single Judge of this Court in Nahoorkani Vs. The State, Represented by the Inspector of Police (Crl.R.C.(MD)No.41 of 2019 dated 16.06.2023), wherein, this Court, after elaborate discussion of the various provisions of NDPS Act, vis-a-vis the Code of Criminal Procedure, had rejected the claim for return of vehicle and, therefore, the claim of the petitioner for return of vehicle cannot be considered, which has been rightly rejected by the Court below 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 and the various provisions of law, which have a bearing on deciding the issue as also the decision relied on by the learned Government Advocate.

6. The genesis of the present case is that the petitioner's friend and other accused persons were found to be in possession of 1.200 Kgs of Ganja in the above said veh