K VARADHARAJ Vs. INTELLIGENCE OFFICER

JUDGEMENT

(1.) THE petitioner in this writ petition seeks for the return of the Mahindra Scarpio car bearing registration No.TN 07-AJ 3838, 2006 model forthwith. THE writ petition when it was filed, the Registry had raised an objection regarding maintainability of the writ petition stating that as against the order impugned in the writ petition, only a criminal revision will lie. THE matter was posted for maintainability. On 7.10.2009, a learned Judge had overruled the above objection and directed the writ petition to be posted.

(2.) THE writ petition was admitted on 09.10.2009. THE application for the grant of interim custody was dismissed on 30.6.2010 on the ground that the relief in the main writ petition and in the miscellaneous petition is one and the same. On notice from this court, a counter affidavit has been filed by the sole respondent, i.e., the Intelligence Officer, Narcotic Control Bureau, South Zone Unit, Chennai, dated 23.12.2009, enclosing the order freezing the property dated 26.3.2009, which was served on the writ petitioner. THE petitioner also filed an additional typed set.

(3.) THE competent authority had rejected the arguments of the petitioner in W.P.No.20517 of 2009 that the statement given by him was retracted and no reliance can be placed upon him. THE competent authority also stated that the vendor Ashok Kumar was well known to Varadaraj, the petitioner in the other writ petition and his brother K.Punniyakoti as well as their family. He used to frequent to the restaurant run by them at No.70, ECR Road, Thiruvanmiyur, Chennai. It is the said Varadaraj who had introduced Ashok Kumar to the Bank of Maharashtra, Valmiki Nagar Branch, Chennai. It was at his request the first floor property was rented out after taking the rental advance for the purpose of running the guest house in the name and style "Singing Fish Guest house". THE said Varadaraj and Punniyakoti had many transactions with Ashok Kumar. In the statement which was retracted by a letter dated 21.9.2009 before the Chief Metropolitan Magistrate, Chennai also does not deny his acquaintance with Ashok Kumar. With reference to the bank account of Varadaraj, which was examined for payment of vehicle, it was seen that it was purchased by hire purchase through one GMAC Financial Services India Ltd. It was also seen that an amount of Rs.13,668/- every month was credited in his account from the bank account of Ashok Kumar. THErefore, the original statement given by him before the NCB was borne out by the bank statement and that the retraction was not valid. Hence the statement was rejected. THErefore, he held that the Mahindra Scorpio vehicle bearing registration No.TN 07/AJ 3838 is the property of Ashok Kumar holding on his behalf by the said Varadaraj. Hence the property was the illgally acquired property within the meaning of Section 68-B(g)(B) of the NDPS Act. Thus, he confirmed the freezing of accounts including vehicles.