Crl.R.C.No.633 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.08.2023

CORAM

THE HONOURABLE MRS. JUSTICE R. HEMALATHA

Crl.R.C.No.633 of 2023

Nirmala

... Petitioner

Vs.

State Rep. by

The Inspector of Police,

D-5, Pallipattu Police Station,

Thiruvallur District.

(Crime No.149 of 2022)

... Respondent

Prayer : Criminal Revision Case filed under Section 397 r/w. 401 of

Criminal Procedure Code to set aside the order dated 04.03.2023 made in

Crl.M.P.No.1116/2023 on the file of Principal Special Court Under EC &

NDPS Act Chennai.

For Petitioner

: Mr.V.Arunkumar

For Respondent : Mr.R.Vinothraja, GA (Crl. Side)

ORDER

Challenging

the

orders

dated

04.03.2023

in

Crl.M.P.No.1116/2023 passed by the learned Principal Special Judge

under EC & NDPS Act, Chennai, the present revision is filed.

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Crl.R.C.No.633 of 2023

2. The revision petitioner filed a petition in

Crl.M.P.No.1116/2023 in C.C.No.01/2023 on the file of the above said

Court under Sections 451 & 457 Cr.P.C seeking return of two wheeler

Honda Activa 4G BS IV bearing Reg No.TN 13-J-2162 brown colour

which was seized by the Inspector of Police, D-5, Pallipattu Police

Station, Thiruvallur District in Crime No.149/2022 for the offence

punishable under Sections 8(c) r/w.20(b)(ii)(B) of NDPS Act and 328

IPC.

3. The case of the prosecution is that the revision petitioner is

the mother of the first accused. A1 and A2 were found in illegal

possession of 5.500 Kgs of Ganja on 11.11.2022 by the respondent

police. The contraband was seized from them which was kept in the two

wheeler, namely, Honda Activa 4G BS IV bearing Reg No.TN 13-J-2162.

Both of them were remanded to judicial custody on the same day. The

seized vehicle along with the contraband was produced before the

Principal Special Court under EC & NDPS Act in B.No.395/2022 dated

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Crl.R.C.No.633 of 2023

18.11.2022. Therefore, the present revision petitioner filed a petition for

return of the vehicle.

4. The learned Principal Special Judge under EC & NDPS Act

vide her orders dated 04.03.2022 dismissed the petition, challenging

which, this criminal revision is filed.

5. Heard, Mr.V.Arunkumar, learned counsel for the revision

petitioner and Mr.R.Vinothraja, learned Government Advocate (Crl. Side)

learned counsel for the respondent.

6. Mr.R.Vinothraja, learned Government Advocate (Crl. Side)

contended that the investigation in the instant case is completed and that

final report was also filed before the concerned Court in C.C.No.1/2023.

He would further contend that there are 13 cases against the present

accused for the alleged offences of theft and robbery and that the present

petitioner is a habitual offender. Therefore, he would submit that the two

wheeler of the petitioner may not be returned and prayed for dismissal of

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Crl.R.C.No.633 of 2023

this revision.

7. Mr.V.Arunkumar, learned counsel for the revision petitioner

contended that out of 13 cases, the accused was acquitted in 9 cases. He

also produced copies of the judgments passed in all these cases. He

further contended that if the seized vehicle is kept in an open space, the

value of the vehicle would diminish over a period of time and hence, he

prayed for return of the same.

8. It is relevant to refer to a decision of the Hon'ble Supreme

Court in Sunderbhai Ambalal Desai and others Vs. State of Gujarat

reported in (2002) 10 SCC 283 in which it was held thus :

“Vehicles

“In our view, whatever be the situation, it is of no

use to keep such seized vehicles at the police stations for a

long period. It is for the Magistrate to pass appropriate

orders immediately by taking appropriate bond and

guarantee as well as security for return of the said vehicles,

if required at any point of time. This can be done pending