NAHOORKANI Vs. STATE

JUDGEMENT

(1.) This revision has been filed as against the order passed in Cr.M.P.No.137 of 2019, dtd. 22/1/2019 on the file of the learned Additional District Judge/Principal Sessions Court/Special Court for E.C and NDPS Act Cases, Madurai, thereby dismissed the application filed under Sec. 451 of Cr.P.C. to return the vehicle bearing Registration No.KL-31-E-9699.

(2.) The learned counsel appearing for the petitioner would submit that the petitioner is the owner of the said vehicle and he has been implicated as the second accused in Crime No.387 of 2018 for the offences under Sec. 8(c) r/w 20(b)(ii)(B) and 25 of NDPS Act. On 30/11/2018, the respondent arrested the petitioner and seized his vehicle. Hence, the petitioner filed an application in Cr.M.P.No.137 of 2019 on the file of the learned Additional District Judge/Principal Sessions Court/Special Court for E.C and NDPS Act Cases, Madurai, to return the said vehicle under Sec. 451 of Cr.P.C and the trial Court dismissed the said petition. Hence, the present revision.

(3.) The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner is arraigned as the second accused in Crime No.387 of 2018 and the vehicle owned by him was also involved in the crime. Therefore, the petitioner was arrested and the vehicle was seized along with contraband. The petition filed under Sec. 451 of Cr.P.C is not at all maintainable for the release of the property when the petitioner's vehicle was seized along with contraband under the NDPS Act. If at all any grievance over the seizure of the vehicle from the petitioner, he can very well approach the trial Court under Ss. 60 and 63 of the NDPS Act.