The court ruled that interim custody of seized property should be granted to prevent deterioration, provided legal conditions are met.

ORDER

The revision challenges the dismissal of the petitioner’s application for return of property filed under Section 451 of Cr.P.C.

2. The petitioner is an accused in Crime No.177 of 2022 registered for the offence under Sections 8(c) r/w 20(b)(ii)(B) @ 8(c) r/w 20(b)(ii)(B), 25 and 29(1) of NDPS Act . The petitioner is said to have carried the contraband, namely, 1200 grms of Ganja in his Two wheeler, namely, TVS Storm bearing Reg.No.TN-06-Y-1839, which was seized by the respondent police during the course of investigation. The petitioner sought for return of the vehicle and the same was dismissed by the learned Principal Special Judge, by the order dated 02.04.2024 on the ground that the vehicle is required to be marked as material object at the time of trial.

3. The learned counsel for the petitioner would submit that ever since the date of seizure, i.e., 17.11.2022, the vehicle is kept idle in the police station, it is subject to the vagaries of weather and it would become a scrap and even if confiscation proceedings are initiated, later it would not fetch any money; that the petitioner is ready to comply with any stringent condition that this Court may impose and in view of the judgment of the Hon'ble Supreme Court, since the petitioner is the owner of the vehicle, the interim custody of the vehicle may be handed over to the petitioner.

4. The learned Government Advocate (Crl.Side), on instructions, would submit that no confiscation proceedings have been initiated so far and that there are no previous cases pending against the petitioner.

5. In a similar case in Crl.R.C.No.334 of 2024, this Court had passed the following order while returning the vehicle involved in NDPS Act cases. The relevant paragraph is extracted hereunder:

“... It is seen that from the date of seizure, the vehicle is kept in open space exposing to vagaries of weather, further detention would cause damage to the vehicle, in result, the value of the vehicle will get diminished and vehicle would become immobile. Added to it, the Apex Court in the case of Sainaba vs. The State of Kerala and another in Criminal Appeal

No.2005/2022 [SLP (CRL.) No.72080/2022] by following the judgment of the Apex Court in the case of “ Sunderbhai Ambalal Desai Versus State of Gujarat reported in 2002 10 SCC 283 ” released the vehicle which was involved in the NDPS Act . Further, the learned Additional Public Prosecutor objected return of property by referring to the order of this Court in

Crl.R.C.(MD).No.41 of 2019 dated 16.06.2023, but it is seen that in the said order, the decision of the Apex Court in Sainaba's case has not been referred to. In view of the decision of the Apex Court on this point as laid down which is binding under Article 141 of the Constitution of India, this Court is inclined to allow return of property.”

6. Considering the above and the fact that the vehicle of the petitioner is kept idle in the police station for the past two years and that there are no previous cases pending against the petitioner, this Court is inclined to grant interim custody of the vehicle to the petitioner.

7. Accordingly, this Criminal Revision Case is allowed and the impugned order dated 02.04.2024 passed by the learned Principal Special Judge, Special Court under EC & NDPS Act , Chennai in Crl.M.P.No.2837 of 2024 in Crime No.177 of 2022 is set aside. In view of the same, the respondent is directed to return the vehicle viz., Two wheeler TVS Storm bearing Registration No.TN-06-Y-1839 to the petitioner on the following conditions:

(i) The petitioner shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two sureties for a likesum to the satisfaction of the learned Principal Special Judge, Special Court under EC & NDPS Act , Chennai;

(ii) The petitioner shall produce the original RC Book along with a self-attested Photostat copy of the RC Book of the vehicle and other relevant records to prove his ownership. The learned