GURBIR SINGH ANAND Vs. STATE

JUDGEMENT

(1.) Challenging the Order of Dismissal, dtd. 12/6/2024 in C.M.P. No.5517 of 2024, passed by the learned Principal Special Judge for NDPS Act, Chennai, the Petitioner, who is the Owner of the vehicle viz., Maruthi WaganR, bearing Reg. No.TN-01-BB-2440, is before this Court with the present Revision, for return of vehicle.

(2.) Mr. T.S. Sasikumar, the learned Counsel appearing for the Petitioner would submit that the Petitioner is the Proprietor of M/s. Anand Auto Corporation and he owns a Maruthi WaganR Car. In this case, A2 was arrested from his residence and the Car parked in terrace searched. 5 grams of Cocaine seized and the vehicle seized. The Petitioner has got nothing to do with the illegal act of the Accused in this case. The Petitioner is aged about 75 years doing Automobile business. The Petitioner, to prove his ownership, produced Registration Certificate of the Car, Insurance, Registration Certificate for his business and Aadhar Card and other documents. The Trial Court dismissed the Petition on the ground that A2 is the Petitioner's brother, is not proper.

(3.) The learned Counsel would submit that the Petitioner is not an Accused. Petitioner's son A1 said to have transported contraband of 20 Kgs of Ganja by using Petitioner's vehicle. According to the Petitioner, son using the father's Car is common, but that does not lead the inference that the father has got knowledge of his son's activities. According to the Petitioner, even his son is falsely implicated in this case. The Petitioner purchased the vehicle in the year 2014, availing financial assistance. The Petitioner compelled to make monthly payment to the finance, failing which, vehicle would be seized by the Financiers.