IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 28.02.2024 CORAM THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR C rl.R.C.No.2 230 o f 2023 Kalyanasundaram ... Petitioner Vs.

State rep. by Inspector of Police, NIBCID, Coimbatore.

Crime No.46 of 2022 ... Respondent PRAYER: Criminal Revision Petition filed under Sections 397 and 401 of Criminal Procedure Code, to set aside the order dated 17.11.2022 made in Crl.M.P.No.3654 of 2022 on the file of the Special Court for Essential Commodities Act Cases, Coimbatore and allow the above Criminal Revision.

For Petitioner : Mr.R.Thamarai Selvan For Respondent : Mr.C.E.Pratap Government Advocate (Crl. Side)

ORDER

The petitioner is the owner of the two wheeler YAMAHA R15, bearing Registration No.TN-38-DA-0973, which was seized by the respondent Police in Crime No.46 of 2022 for offences under Sections 8(c) r/w 20(b)(ii)(B) and 25 of the Norcotics Drugs and Psychotrophic Substances Act (NDPS Act). The petitioner filed a petition seeking return of two wheeler YAMAHA R15, bearing Registration No.TN-38-DA-0973 and cell phone in Crl.M.P.No.3654 of 2022 before the learned Additional District Judge/Presiding Officer, Special Court for Essential Commodities Act Cases, Coimbatore. The learned Additional District Judge, by order dated 17.11.2022 dismissed the return of property petition, against which, the present revision has been filed.

2.The case against the petitioner is that the petitioner was found in illegal possession of 1.300 Kgs. of ganja in his two wheeler bearing Registration No.TN-38-DA-0973. The petitioner has got no bad antecedents and he has been falsely implicated in this case. It is further submitted that the learned Additional District Judge has granted bail to the petitioner in Crl.M.P.No.2936 of 2022 dated 28.09.2022 taking into consideration that the petitioner has got no bad antecedents of similar nature. It is further submitted that the petitioner used the vehicle for his avocation and for his personal use. The vehicle involved is an old model and the petitioner is maintaining it with great difficulty. Now the vehicle is kept in open space exposing to vagaries of weather, further detention would make the vehicle unusable, rusted and it would become a scrap. The petitioner is ready to comply with any condition that this Court may impose while granting return of vehicle. It is further submitted that this Court in Crl.R.C.No.1057 of 2023 by order dated 17.07.2023 granted return of vehicle to an accused involved in the offence of similar nature. Hence, he prays for return of property.

3.The Government Advocate (Crl. Side) appearing for the respondent Police filed a counter and submitted that on 08.08.2022 at about 11.00 hours, the Sub-Inspector of Police received a secret information from the informant about the illegal sale of Ganja. Then she along with the Police team went to the place of occurrence, intercepted the accused/petitioner and found that he was in possession of 1.300 kgs of Ganja. The Police team arrested the accused, recorded confession statement and the contraband was seized along with two wheeler YAMAHA R15 bearing registration No. TN-38-DA-0973 under seizure mahazar in presence of witnesses. Thereafter, a case was registered in Crime No.46 of 2022 for offence under Sections 8(c) r/w 20(b)(ii)(B) and 25 of the NDPS Act against the accused/petitioner on 08.08.2022. Thereafter, the accused was sent to judicial custody on 08.08.2022 and the seized contraband and the two wheeler produced before the Special Court for Essential Commodities Act Cases, Coimbatore. Thereafter, the then Inspector of Police sent the samples of contraband to the Forensic Lab, Coimbatore for chemical analysis and the same was obtained. On collection of evidence and materials, charge sheet filed and the same was taken cognizance vide C.C.No.114 of 2022.

4.He further submitted that the petitioner, owner of the vehicle, filed a petition before the Court below in Crl.M.P.No.3654 of 2022 seeking return of