JEYARANI Vs. STATE

JUDGEMENT

(1.) Challenging the order dismissing the Petitioner's application to return the money seized in C.C.No.14/16, on the file of District and Sessions Judge for NDPS Act Cases, Madurai. The crime has been registered against the Petitioner is for an offence under Section 8(C) r/w 20(b)(ii)(B) of NDPS Act, and the allegation against the Petitioner was that she was in possession of of 1.200 Kgs of Ganja and during investigation, an amount of Rs. 1,07,210/- was seized, which claims to be the sale proceeds from selling Ganja. After investigation, final report was also filed and the matter was taken on file by the learned Judge. The Petitioner filed an application under section 451 of Cr.P.C , 1973seeking return of the money, stating that since the Petitioner's son met with an accident, and hence the Petitioner has pledged her jewels and obtained loan of Rs. 1,25,000/- from one Lakshmi Pawn-Broker and the amount has been kept in the house and the said money has nothing to do with the crime. The Court below dismissed the Petition on the ground that the Petitioner is a habitual offender and the amount seized from her house was only from the sale proceeds. Hence the amount cannot be returned to the Petitioner. Now challenging the same, the present revision has been filed.

(2.) I have heard the submissions of Mr. P.T. Ramesh Raja, learned counsel for the Petitioner and Mr. C. Mayilvahana Rajendran, learned Additional Public Prosecutor appearing for the respondent and considered the materials available on record.

(3.) Admittedly, the amount was seized from the Petitioner and the Petitioner claims that money seized from the Petitioner has nothing to do with the crime. Since the Petitioner's son met with an accident, she has pledged her jewels and obtained loan of Rs. 1,25,000/- from one Lakshmi Pawn Broker and the said amount has been kept in the house and that money has been seized from the Petitioner. The prosecution claim that the amount seized from the Petitioner is from the sale proceeds from selling ganja. But the above issue has to be decided only after trial and keeping the money in the court deposit is not going to serve any purpose.