Crl.R.C.( MD)No.418 of 2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Reserved on : 12.07.2023

Pronounced on : 02.11.2023

CORAM:

THE HON'BLE MR.JUSTICE K.K.RAMAKRISHNAN

Crl.R.C( MD)No.418 of 2023

Sivan Pandi

... Petitioner/Accused-4

Vs.

State rep. by,

The Inspector of Police,

Velipalayam Police Station,

Nagapattinam District.

(Crime No.394/2022)

... Respondent/Complainant

PRAYER: This Criminal Revision Petition is filed under Section 397 r/w

401 of the Criminal Procedure Code, to call for the records and set aside

the Order passed by the Presiding Officer, Special Court for Essential

Commodities Act Cases/Additional District Judge, Thanjavur in

Page No.1/10

https://www.mhc.tn.gov.in/judis

Crl.R.C.( MD)No.418 of 2023

Cr.M.P.No.1125 of 2023 dated 06.03.2023 and set aside the same and

grantinterim custody of the vehicle namely, Four Wheeler Mahindra Pick

up Van bearing Registration No.TN51 AQ 5171 to the petitioner.

For Petitioner

: Mr.K.Kumaravel

For Respondent

: Mr.T.Senthil Kumar,

Additional Public Prosecutor.

ORDER

The Petitioner filed this revision against the dismissal order dated

06.03.2023 passed in Cr.M.P.No.1125 of 2023 on the file of the Presiding

Officer/Additional District Judge, Special Court for Essential

Commodities Act Cases, Thanjavur, which was filed under Section 451

Cr.P.C., to seek interim custody of the vehicle, namely, Four Wheeler

Mahindra Pick up Van bearing Registration No.TN51AQ5171, which is

involved in the illegal transportation of the “Ganja”.

2. The Petitioner is said to have committed the offence under

Section 8(c) r/w 20(b)(ii)B of the Narcotic Drugs and Psychotropic

Page No.2/10

https://www.mhc.tn.gov.in/judis

Crl.R.C.( MD)No.418 of 2023

Substances Act, 1985.

3. According to the prosecution, on 24.09.2022 at 2.00 a.m., the

respondent police intercepted the vehicle of the petitioner and found that

the petitioner, along with other accused, were in possession of the 1.500

kg of 'Ganja'. Therefore, the respondent police registered the case against

the petitioner and other accused for the offence under Section 8(c) r/w

20(b)(ii)B of the Narcotic Drugs and Psychotropic Substances Act, and

seized the vehicle and contraband and samples. Thereafter, they produced

the same before the Court.

4. The petitioner filed the petition under Section 451 Cr.P.C., to

seek interim custody of the vehicle namely, Four Wheeler Mahindra Pick

up Van bearing Registration No.TN51AQ5171 before the learned trial

Judge in Cr.M.P.No.1125 of 2023. The learned trial Judge dismissed the

same on the ground that the petitioner is a habitual offender and more

than 20 number of cases are pending against him. Challenging the same,

the petitioner filed the present revision.

Page No.3/10

https://www.mhc.tn.gov.in/judis

Crl.R.C.( MD)No.418 of 2023

5. The learned counsel for the petitioner submitted that the

petitioner is innocent and he has been falsely roped in this case and his

vehicle has also been falsely seized. The vehicle has been under the

custody of the respondent police without proper maintenance and hence,

the value of the property is getting diminished. He placed reliance on the

judgment of the Hon'ble Supreme Court reported in 2002(10)SCC283

[Sunderbhai Ambalal Desai v. State of Gujarat] seeks the interim

custody. He further submitted that the learned trial Judge dismissed the

petition only on the ground that number of previous cases are pending

against the petitioner and the same can not be the reason to dismiss the

petition.

6. The learned Additional Public Prosecutor submitted that as per

the judgment of this Court in Crl.R.C.(MD)No.41 of 2019 (Nahoorkani

vs. State), the petition under Section 451 Cr.P.C is not maintainable in

view of the specific bar under Sections 60, 61, 62 & 63 of the NDPS Act.

He further submitted that as p