R.MANIMARAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The present criminal appeal is directed against the order dtd. 31/8/2023 passed by the learned Judge, Additional District Court for EC and NDPS Act Cases, Pudukottai, in Crl.M.P.No.3842 of 2023, whereby the application filed by the appellant seeking release of the vehicle bearing Registration No.TN-57-AQ-2165 [Lorry] was dismissed.

(2.) The vehicle was seized during investigation in connection with Crime No.15 of 2021 under the Narcotic Drugs and Psychotropic Substances Act, 1985 ("NDPS Act") in the year 2021 and was produced during trial as material evidence. The trial culminated in a judgment of acquittal in C.C.No.75 of 2021, dtd. 20/1/2023.

(3.) In the said judgment, the trial Court did not issue any specific confiscation order under Sec. 60 of the NDPS Act but observed that the vehicle may be released to the"rightful owner" after expiry of the appeal period or outcome of any appeal filed by the State. The appellant, claiming ownership, sought return of the vehicle through an application under Sec. 452(2) CrPC, which was dismissed on the ground that the State had expressed intent to prefer an appeal.