Crl.R.C.No.563 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.04.2023

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM

Crl.R.C.No.563 of 2023

Arun

... Petitioner

Vs.

State By

The Inspector of Police,

S-1, St. Thomas Mount Police Station,

Chennai.

Crime No.324 of 2021.

... Respondent

PRAYER: Criminal Revision Case filed under Section 397 and 401 of

Cr.P.C. to set aside the order passed by the learned Principal Special Court

under EC & NDPS Act, Chennai in Crl.M.P.No.1726 of 2022 dated

04.05.2022.

For Petitioner

: Mr.R.Thamarai Selvan

For Respondent

: Mr. R.Vinothraja

Govt. Advocate (Crl.side)

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O R D E R

Challenging the order, dismissing the petitioner's application filed

under Section 451 of Cr.P.C, passed by the Principal Special Court under

EC & NDPS Act, Chennai in Crl.M.P.No.1726 of 2022, dated 04.05.2022

to return the VIVO-V21 Mobile Phone, the present Revision has been filed.

2. The learned counsel for the petitioner submitted that the petitioner

was arrayed as an accused in Crime No.324 of 2021 for the offence

punishable u/s.8(c), 17(a), 21(a), 22(a) of NDPS Act, as he along with three

other accused was found in illegal possession of 700 Tydol Tablets. While

he was arrested the respondent police seized his mobile phone viz.,VIVO

V-21 from the petitioner and the same was remanded before the learned

Principal Special Judge under EC & NDPS Act, Chennai. He further

submitted that the said mobile phone is no way connected with the offence

and he is not having previous bad antecedents. The trial court, without

considering the above fact, dismissed his petition seeking return of above

said cell phone. Hence he seeks to set aside the impugned order and to

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Crl.R.C.No.563 of 2023

allow the criminal revision case.

3. The learned Govt. Advocate (crl.side) submitted that the police

registered a case against the petitioner in Crime No.324 of 2021 for the

offence u/s.8(c), 17(a), 21(a), 22(a) of NDPS Act. At the time of arresting

the petitioner/accused, the respondent police, while seizing the banned

articles, seized his VIVO-V21 mobile phone also. The same was

produced before the trial court and now it is under the custody of Court

below. Thus he objected for return of cell phone.

4. Heard both sides and perused the materials available on record.

5. Perusal of records reveals that the petitioner was arrayed as an

accused in Crime No.324 of 2021 by the respondent police for the offence

punishable u/s.8(c), 17(a), 21(a), 22(a) of NDPS Act. The petitioner was

arrested and his mobile phone was seized along with other banned articles

and the same was remanded before the learned Principal Special Judge

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Crl.R.C.No.563 of 2023

under EC & NDPS Act, Chennai. According to the petitioner, the cell

phone is no way connected with the offence and also the petitioner is having

no previous bad antecedents.

6.Considering the nature of the offence and the cell phone is not

connected with the offence committed by the petitioner and also the

petitioner is not having any previous bad antecedents, this Court is inclined

to grant custody of cell phone to the petitioner.

7. In the result, this Criminal Original Petition is allowed and the

impugned order passed by the Trial Court is set aside. The interim custody

of VIVO-V21 mobile phone is ordered to be handed over to the petitioner

on the following conditions.

i. the petitioner shall prove his ownership of the VIVO-V21

mobile phone;

ii. the petitioner shall execute a bond for a sum of Rs.20,000/-

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Crl.R.C.No.563 of 2023

(Rupees Twenty Thousand only) before the Principal Special

Special Judge under EC & NDPS Act Cases, Chennai.

iii.The Court may prepare a panchna