MARIYAMMAL Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) The Petitioner is the Owner of the Auto bearing Registration No.TN 04-AT-8264, which was seized by the Respondent-Police in Crime No.185 of 2023 and shown as case property in C.C. No.795 of 2023 for offences under Ss. 8(c) r/w 20(b)(ii)(B) & 25 of the Narcotics Drugs & Psychotrophic Substances Act (NDPS Act). The Petitioner filed a Petition seeking return of Auto bearing Registration No.TN-04-AT-8264 in Crl.M.P. No.7711 of 2023 before the learned I Additional Special Judge, I Additional Special Court for Exclusive Trial of Cases under NDPS Act, Chennai. The learned I Additional Special Judge, by Order, dtd. 17/11/2023 dismissed the return of property Petition, against which, the present Revision has been filed.

(2.) The contention of the learned Counsel for Petitioner is that one Anthony Raj entered into a Hire Purchase Agreement with Puja Finance and was running the Auto and thereafter he was unable to repay the dues within time. Hence, the vehicle was seized by the Financier/Second Respondent. In the meanwhile, the said Anthony Raj passed away. Thereafter, as per Hire Purchase Agreement, the Ownership of the vehicle was with the Financier. Thereafter, the Petitioner purchased the said Auto from Puja Finance/Second Respondent vide Hire Purchase Agreement, dtd. 1/4/2023. The Petitioner is a Cancer patient and taking treatment at Stanley Government Hospital. Hence, the Auto was let out for Rent to one Balamurugan and the said Balamurugan would take the vehicle and pay the Rental charges. With that earnings only the Petitioner was surviving.

(3.) The Additional Public Prosecutor appearing for the Respondent-Police filed a Counter and submitted that the case of the prosecution is that, on 9/4/2023, at about 08.40 hours., Tmt. Sasikala, the Special Sub-Inspector of Police, received a secret information about illegal sale of Ganja. Thereafter the Special Sub-Inspector of Police along with his Police team went to the place of occurrence, i.e., near Hindustan Petrol Bunk, NCTPS Road Pattamunthiri, Redhills, at that time, A1/Balamurugan, A2/Aakash and A3/Chandrasekar were came in Auto bearing registration No.TN-04-AT 8264 and the Respondent-Police caught the Accused in spot and enquired them and found 12.500 Kgs of Ganja, in illegal possession of Accused. Thereafter, the Respondent-Police, arrested the Accused A1 to A3 and recorded their Confession Statements and seized total contraband of 12.500 kgs of Ganja, Samsung M12 Mobile Phone, Oppo A15s Mobile Phone, Oppo Reno6 Mobile Phone and vehicle under the cover of Seizure Mahazar in the presence of Witnesses. Based on the above, a case was registered in Prohibition Enforcement Wing, Redhills in Crime No.185 of 2023 for offence under Ss. 8(c) r/w. 20(b)(ii)(B), 29(1) & 25 of NDPS Act on 9/4/2023 at about 11.40 hours against the Accused by the Inspector of Police, i/c. PEW, Ambattur and submitted before the Respondent-Police for further investigation.