BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 12.07.2023 Pronounced on : 02.11.2023 CORAM:

THE HON'BLE MR.JUSTICE K.K.RAMAKRISHNAN Crl.R.C( MD)No.418 of 2023 Sivan Pandi ... Petitioner/Accused-4 Vs.

State rep. by, The Inspector of Police, Velipalayam Police Station, Nagapattinam District.

(Crime No.394/2022) ... Respondent/Complainant PRAYER: This Criminal Revision Petition is filed under Section 397 r/w 401 of the Criminal Procedure Code, to call for the records and set aside the Order passed by the Presiding Officer, Special Court for Essential Commodities Act Cases/Additional District Judge, Thanjavur in Cr.M.P.No.1125 of 2023 dated 06.03.2023 and set aside the same and grantinterim custody of the vehicle namely, Four Wheeler Mahindra Pick up Van bearing Registration No.TN51 AQ 5171 to the petitioner.

For Petitioner : Mr.K.Kumaravel For Respondent : Mr.T.Senthil Kumar, Additional Public Prosecutor.

ORDER

The Petitioner filed this revision against the dismissal order dated

06.03.2023 passed in Cr.M.P.No.1125 of 2023 on the file of the Presiding Officer/Additional District Judge, Special Court for Essential Commodities Act Cases, Thanjavur, which was filed under Section 451 Cr.P.C., to seek interim custody of the vehicle, namely, Four Wheeler Mahindra Pick up Van bearing Registration No.TN51AQ5171, which is involved in the illegal transportation of the “Ganja”.

2. The Petitioner is said to have committed the offence under Section 8(c) r/w 20(b)(ii)B of the Narcotic Drugs and Psychotropic Substances Act, 1985.

3. According to the prosecution, on 24.09.2022 at 2.00 a.m., the respondent police intercepted the vehicle of the petitioner and found that the petitioner, along with other accused, were in possession of the 1.500 kg of 'Ganja'. Therefore, the respondent police registered the case against the petitioner and other accused for the offence under Section 8(c) r/w 20(b)(ii)B of the Narcotic Drugs and Psychotropic Substances Act, and seized the vehicle and contraband and samples. Thereafter, they produced the same before the Court.

4. The petitioner filed the petition under Section 451 Cr.P.C., to seek interim custody of the vehicle namely, Four Wheeler Mahindra Pick up Van bearing Registration No.TN51AQ5171 before the learned trial Judge in Cr.M.P.No.1125 of 2023. The learned trial Judge dismissed the same on the ground that the petitioner is a habitual offender and more than 20 number of cases are pending against him. Challenging the same, the petitioner filed the present revision.

5. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely roped in this case and his vehicle has also been falsely seized. The vehicle has been under the custody of the respondent police without proper maintenance and hence, the value of the property is getting diminished. He placed reliance on the judgment of the Hon'ble Supreme Court reported in 2002(10)SCC283 [Sunderbhai Ambalal Desai v. State of Gujarat] seeks the interim custody. He further submitted that the learned trial Judge dismissed the petition only on the ground that number of previous cases are pending against the petitioner and the same can not be the reason to dismiss the petition.

6. The learned Additional Public Prosecutor submitted that as per the judgment of this Court in Crl.R.C.(MD)No.41 of 2019 (Nahoorkani vs. State), the petition under Section 451 Cr.P.C is not maintainable in view of the specific bar under Sections 60, 61, 62 & 63 of the NDPS Act. He further submitted that as per Rule 257 of the Madras High Court Criminal Rules of practice, when there is a bar to release the vehicle in the Special Act, the petition under Section 451 Cr.P.C., is not maintainable. He further submitted that the petitioner has more than 20 previous cases and hence, the order of dismissal by the learned trial Judge need not be interfered.

7. This Court has considered the rival submissions made by both side counsel and also perused the records