The Court emphasized the necessity for proper procedure under the NDPS Act regarding seized cash and the burden on the petitioner to prove the legality of the funds.

Order

The Criminal Revision Cases challenges the dismissal of the petitioner's application seeking return of cash of Rs.32,84,000/- seized during the course of investigation in RR No.14 of 2024.

2. (i) It is the case of the respondent that the petitioner's husband was involved in illicit trade of 2 Kgs of Methampethamine and the same was seized on 13.05.2023 at his house. The petitioner's husband was arrested on 14.05.2023 for the offences under Section 8(c) r/w 22(c) 28 and 29 of the NDPS Act. Thereafter, a search was conducted in his house and a cash of Rs.32,84,000/- was seized from his house.

(ii) The petitioner sought for return of the cash under Section 497 of the BNSS on the ground that the cash belonged to her and that the said cash was kept by her for marriage expenses of her daughter, which was given by her brothers and relatives; and that she needs the said cash for the marriage expenses as her daughter's marriage has now been fixed.

(iii) The learned Special Judge after hearing the respondent dismissed the said petition on the ground that huge amount was seized from the house; that the explanation offered by the petitioner and her husband that it was given by her relatives is not satisfactory; and that therefore, it is proceeds of crime and dismissed the said petition.

3. The learned counsel for the petitioner would submit that the petitioner's brothers sold a property in March 2023; that they had received cash as sale consideration; that they had handed over the said money to the petitioner to meet out the marriage expenses of her daughter; that it is not ill-gotten money; that therefore, the respondent have no jurisdiction to retain the said cash; and that the learned Special Judge ought to have returned the same and prayed for return of the cash on any stringent conditions.

4. The learned Special Public Prosecutor (for NCB Cases) per contra submitted that a huge amount of cash of Rs.32,84,000/- was seized from the house of the accused Rafiq Nasar, the husband of the petitioner; that the version of the petitioner that her brothers gave the said amount as cash for her daughter's marriage expenses is highly improbable; that marriage was not fixed at the relevant point of time; and that the quantum of money and the nature of the offence committed by the petitioner's husband clearly reveals that the money in the house of the petitioner was not acquired legally and therefore it is proceeds of crime. The learned Special Public Prosecutor (for NCB Cases) also submitted that on the direction of the learned trial Judge, the money seized is invested in a fixed deposit.

5. The respondent have also filed a counter to the said effect stating that the explanation offered by the petitioner is highly improbable.

6. It is the case of the respondent that the petitioner's husband is guilty of possessing of commercial quantity of Narcotics Drugs viz., 2 kgs of Methampethamine. The respondent after investigation have filed the complaint, which was taken on file as C.C.No.580 of 2024. The trial is pending. After the arrest, a search was conducted in the house of the petitioner and cash of Rs.32,84,000/- was seized in exercise of the power under Section 102 Cr.P.C., (Section 106 of BNSS)

7. Section 51 of the NDPS Act makes it clear that the provisions of Cr.P.C., would be applicable for arrest, search and seizure made under the Act. Section 57A of the NDPS Act, provides for report of seizure of any property of the person arrested to the jurisdictional competent authority within 90 days from the date of arrest or seizure.

8. It is not the case of the respondent that the cash that was seized from the house of the petitioner was stolen property. It is also not their case that it