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.675 of 2023 Salimrajan @ Salimraj ... Petitioner/Petitioner Vs.

The State rep. by The Inspector of Police, Arumanai Police Station, Kanyakumari District.

(Crime No.77/2023) ... Respondent/Respondent 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 in Crl.M.P.No.5492 of 2023 dated 03.06.2023 on the file of the learned Judicial Magistrate No.1, Kuzhithurai.

For Petitioner : Mr.S.Sivakumar For Respondent : Mr.T.Senthil Kumar, Additional Public Prosecutor.

ORDER

The Petitioner filed this revision against the dismissal of the order dated

03.06.2023 passed in Cr.M.P.No.5492 of 2023 by the learned Judicial Magistrate No.

1, Kuzhithurai. The petitioner filed the petition in Cr.M.P.No.5492 of 2023under Section 451 Cr.P.C., to seek interim custody of the vehicle namely, Two Wheeler Pulsar bearing Registration No.TN75R9307 which has been involved in the illegal transportation of the “Ganja”.

2. The Petitioner is said to have committed offence under Section 8(c) r/w

20(b)(ii)A of NDPS Act.

3. According to the prosecution, on 14.05.2023 at 2.00 pm respondent police intercepted the vehicle of the petitioner and found that petitioner found possession of (*)200 gms Ganja. Therefore respondent police registered the case petitioner and other accused under Section 8(c) r/w 20(b)(ii)A 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. Petitioner filed the petition under Section 451 Cr.P.C., to seek interim custody of vehicle namely Two Wheeler Pulsar bearing Registration No. TN75R9307 before the learned trial Judge in Cr.M.P.No.5492 of 2023. The learned trial Judge dismissed the same on the ground that the vehicle was involved in the transportation of the contraband and the cellphone was used for the communication of the transportation of the contraband. Challenging the same, the petitioner filed the present revision.

5. The learned counsel for the petitioner submitted that petitioner is innocent and he was falsely roped in the case and his vehicle also falsely seized. The vehicle was in the custody of the respondent police without proper maintenance and hence value of the property is diminished. He placed reliance on the judgment of Hon'ble Supreme Court reported in 2002(10)SCC283 [Sunderbhai Ambalal Desai v. State of Gujarat] and seeks the interim custody. He further submitted that the learned trial Judge dismissed the petition only on ground that the vehicle was involved in the transportation of the contraband and the cellphone was used for the communication of the transportation of the contraband and the same was not a 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. Hence, the order of dismissal passed by the learned trial Judge need not be interfered.

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

8.The petitioner's vehicle bearing registration No.TN75R9307 is seized by the respondent police along with (*)200 gms of “Ganja”. The learned trial Judge dismissed the petition on the ground that the vehicle was involved in the transportation of the contraband and the cellphone was used for the communication of the transportation of the contraband. The said