MUHAMMED SHAN Vs. STATE

JUDGEMENT

(1.) The seizure of the Toyota Innova Car bearing Regn. No.KL-21-C-0786 by the respondent herein in Crime No. 224/2022 for the alleged offences punishable u/s 8 (c) r/w 20 (b)(ii)(C) and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act '), resulted in the filing of Crl. M.P. No.613/2023, u/s 451 of the Code of Criminal Procedure, by the petitioner herein, seeking return of the said vehicle, which was dismissed vide order dtd. 9/6/2023 by the Addl. District Judge, Principal Special Court for Trial of NDPS cases, Madurai, has ended before this Court assailing the said order.

(2.) Shorn of unnecessary details, the facts leading to the filing of the present revision are as hereunder :- It is averred by the petitioner that he is the owner of the Toyota Innova Car bearing Registration No.KL-21-C-0786, which, as an interim arrangement, is alleged to have been handed over to one Hakkim, Sub Inspector of Police in Kerala Police Department on 29/7/2019 for his personal use towards some medical treatment to be taken by the said individual at Apollo Hospitals, Chennai. It is the further averment of the petitioner that the original RC book, insurance, PUC and other related documents were also handed over to the said Hakkim.

(3.) It is the further case of the petitioner that it came to his knowledge that the vehicle was seized due its involvement in some NDPS offences, with which the petitioner is in no way connected. It is the further averment of the petitioner that the vehicle is alleged to have been used by one Jayakumar for transporting contraband and the same was seized, who was arrayed as A-16. After ascertaining the involvement of the said vehicle, which belonged to him, in trafficking contraband, from the law enforcing agency, the petitioner filed petition for interim custody of the vehicle before the trial court, on the ground that the continuous exposure of the vehicle to the atmosphere would render the vehicle prone to corrosion and decay, which was dismissed, leading to the filing of the present revision.