The appropriate remedy for vehicle release under narcotics law lies with the competent Magistrate Court.

ORDER

This Criminal Petition is filed to direct the respondents to release the petitioner’s vehicle bearing No.TVSNTORO-125, Race edition BS-VI, bearing No.TS 04 FK 7755, which was seized in Crime no.132 of 2024, on the file of Khanaapuram Haveli Police Station, Khammam District.

2. Heard Sri P.Venkanna, learned counsel for the petitioner and Sri Dr.S.Prashanth, learned Assistant Public Prosecutor appearing for respondents.

3. Learned counsel for the petitioner submits that respondent No.3 has seized the petitioner’s vehicle on 02.03.2024, on the alleged ground that the petitioner’s vehicle was involved in Crime No.132 of 2024, for the offence punishable under Section 8(c) r/w Sections 20(b) and 27B of Narcotic Drugs and Psychotropic Substances Act, 1985 (herein after called as “NDPS Act” for brevity). Thereafter, petitioner has filed application before the Drug Disposal Committee, Khammam and the said Committee without properly considering the facts in the application, dismissed the same, by its order dated 03.06.2024. He further submits that in similar circumstances, this Court disposed of Crl.P.No.543 of 2024 on 12.01.2024, by releasing the vehicle of the petitioner therein by imposing conditions and the petitioner herein is also entitled for the very same relief

4. Per contra, learned Assistant Public Prosecutor submits that the petitioner ought to have approached the concerned Magistrate Court for release of vehicle and without availing such remedy, petitioner straightaway approached this Court and the same is not maintainable under law.

5. By way of reply, learned counsel for the petitioner submits that the petitioner may be granted liberty to file appropriate application before the competent Magistrate Court.

6. Having considered the rival submissions made by the respective parties and taking into consideration of the facts and circumstances of the case, this Court deems it appropriate to dispose of the criminal petition, granting liberty to the petitioner to file appropriate application before the competent Magistrate Court and on such application, the competent Magistrate Court is directed to consider the same and pass appropriate orders in accordance with law, within one week from the date of submission of application.

7. With the above direction, the criminal petition is disposed of.

Pending miscellaneous petitions, if any, shall stand closed.