2024 Supreme(Online)(TEL) 23558
HIGH COURT OF TELANGANA
JUVVADI SRIDEVI, J
Syed Mehandi – Appellant
Versus
The State of Telangana – Respondent
CRLP/13847/2024
The court emphasized the necessity of timely judicial intervention for the release of seized vehicles involved in drug-related offences to prevent prolonged detention.
Headnote:(A) Bharatiya Nagarik Suraksha Sanhitha, 2023 - Section 528 - Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8(c), 20(b)(ii)(A), and 27 - Seizure of vehicle involved in drug transport - Petitioner, as registered owner, seeks release of vehicle seized by police - Guidelines from Supreme Court in Union of India v. Mohanlal, (2016) 3 SCC 379, and Sunderbhai Ambalal Desai v. State of Gujarat, (2002) 10 SCC 283, emphasize prompt judicial action for seized vehicles to avoid prolonged detention. (Paras 1-6)
(B) The court allowed the petition directing the production of the seized vehicle before the trial court, with conditions for interim custody and bond requirements. (Paras 5 and 6)
Facts of the case:
The petitioner contends ownership of a vehicle seized by police due to alleged transport of narcotics.
Findings of Court:
The petition is allowed, ordering the return of the vehicle under specified conditions.
Issues: The principal issue is the legality of the vehicle's seizure and the procedure for its return to the owner.
Ratio Decidendi: The court underscores the importance of timely judicial intervention in the release of seized vehicles to prevent unnecessary detention.
Result: Petition allowed.
ORDER :
This criminal petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short ‘BNSS’), to release Honda Accord Car bearing No.DL-3C-BA-2622 (hereinafter referred to as “crime vehicle”) seized in Crime No.334 of 2024 of P.S. Banjara Hills, registered for the offences punishable under Sections 8(c) r/w. 20(b)(ii)(A) and 27 of NDPS Act, 1985.
2. Heard Ms. Meghana Addla Suneel, learned counsel for the petitioner as well as learned Additional Public Prosecutor for the respondents-State. Perused the record.
3. The case of the petitioner is that he is the registered owner of the crime vehicle. On the ground that ganja was being transported in the crime vehicle, the respondent-Police have seized the same.
4. The Hon’ble Supreme Court in Union of India v. Mohanlal and another,
“ 20. To sum up we direct as under:
(1) No sooner the seizure of any Narcotic Drugs and Psychotropic and controlled Substances and Conveyances is effected, the same shall be forwarded to the officer in-charge of the nearest police station or to the officer empowered Under Section 53 of Act. The officer concerned shall then approach the Magistrate with an application Under Section 52A(ii) of the Act, which shall be allowed by the Magistrate as soon as may be required Under Sub-Section 3 of Section 52A, as discussed by us in the body of this judgment under the heading 'seizure and sampling'. The sampling shall be done under the supervision of the magistrate as discussed in paras 13 and 14 of this order.
(2) The Central Government and its agencies and so also the State Governments shall within six months from today take appropriate steps to set up storage facilities for the exclusive storage of seized Narcotic Drugs and Psychotropic and controlled Substances and Conveyances duly equipped with vaults and double locking system to prevent theft, pilferage or replacement of the seized drugs. The Central
Government and the State Governments shall also designate an officer each for their respective storage facility and provide for other steps, measures as stipulated in Standing Order No. 1/89 to ensure proper security against theft, pilferage or replacement of the seized drugs.
(3) The Central Government and the State Governments shall be free to set up a storage facility for each district in the States and depending upon the extent of seizure and store required, one storage facility for more than one districts.
(4) Disposal of the seized drugs currently lying in the police maalkhans and other places used for storage shall be carried out by the DDCs concerned in terms of the directions issued by us in the body of this judgment under the heading 'disposal of drugs'.”
5. The Hon’ble Supreme Court in Sunderbhai Ambalal Desai v. State of Gujarat,
6. In view of the above said legal positions, this Criminal Petition is allowed, directing the Station House Officer, P.S. Banjara Hills, to produce the crime vehicle (i.e., Honda Accord Car bearing Registration No.DL-3C-BA-2622) before the learned III Additional Chief Metropolitan Magistrate, Hyderabad (for short ‘tr