N.Mallika Vs The state of Tamil Nadu — Narcotics (NDPS) | Madras HC (2025)

N.Mallika Vs The state of Tamil Nadu — Narcotics (NDPS) | Madras HC (2025)

What the court decided

AI extract

Outcome

Return of the seized Auto Rickshaw bearing Registration No.TN-58-V-2089 to the petitioner on interim custody, subject to confiscation proceedings, on conditions: execution of a bond of Rs.1,00,000/- with two sureties for the like sum; photographing of the vehicle, engine and chassis numbers in the presence of the Head Clerk at the petitioner's cost, photographs and CD kept in the case bundle; deposit of the original Registration Certificate; production of the vehicle monthly (first working day) before the trial court and before respondent police as required; participation in confiscation proceedings and production of the vehicle before the confiscating authority; no disposal, alienation or alteration of physical features till disposal of case/confiscation; cooperation with the trial court and completion of confiscation proceedings.

Issue for consideration

Whether the petitioner, the owner of the seized auto rickshaw who is not an accused in Crime No.186 of 2024, is entitled to return of the vehicle on interim custody notwithstanding the trial court's dismissal of her petition in Crl.M.P.No.2819 of 2024. +1 more

Court's answer

In the case on hand, there is no allegation on the respondent's side that the petitioner participated in the offence or had knowledge of the alleged transaction; the petitioner is not an accused.

Ratio / Principle

As the petitioner is not an accused, the vehicle has lain in custody for over eight months while rental income is her only income source, and in view of the guidelines in the Sunderbhai Ambalal Desai case (2003 (1) CTC 175) and the recent Supreme Court decision in Bishwajit Dey /v/ State of Assam, this Court is inclined to allow the criminal revision case and to return the seized Auto Rickshaw to the petitioner on interim custody on conditions.

Key takeaways

The Criminal Revision Case is allowed; the order dated 11.11.2024 in Crl.M.P.No.2819 of 2024 of the Principal Special Court under NDPS Act Cases, Madurai is set aside; and the auto rickshaw bearing Registration No.TN-58-V-2089 is ordered to be returned to the petitioner on interim custody, subject to confiscation proceedings, on the enumerated conditions (bond with sureties, photographing of vehicle, deposit of original Registration Certificate, periodic production, participation in confiscation, no disposal/alienation/alteration, cooperation with trial and confiscation processes).ratio¶40
The order passed in this revision will not bar the authorities from proceeding with confiscation proceedings, and the release of the vehicle is subject to the outcome of those confiscation proceedings.ratio¶55

Detailed headnote1 paragraphs

CRIMINAL REVISION — MADURAI BENCH OF MADRAS HIGH COURT — RETURN OF SEIZED VEHICLE ON INTERIM CUSTODY IN NDPS CASE. An auto rickshaw (TN-58-V-2089), allegedly owned by the petitioner, was seized on 30.04.2024 with 1 ¾ kg of ganja in Crime No.186 of 2024 registered under Ss.8(c), 20(b)(ii)(B) and 29(1) NDPS Act; the driver (Accused No.4) was arrested. The petitioner, not an accused and earning her livelihood by renting out the auto, sought interim custody in Crl.M.P.No.2819 of 2024, which the Principal Special Court under NDPS Act Cases, Madurai dismissed on 11.11.2024; the vehicle meanwhile stood remanded (RPR.No.139 of 2024) and the case is pending as C.C.No.340 of 2024. Holding that no allegation of participation or knowledge was made against the petitioner-owner, that the vehicle lay idle for over eight months, and guided by the settled principles in Sunderbhai Ambalal Desai (2003 (1) CTC 175), the Supreme Court decision in Bishwajit Dey /v/ State of Assam (CDJ 2025 SC 040), and prior release orders of the Principal Seat (Crl.R.C.Nos.1010, 993, 787, 562, 1241 of 2023) and of this Bench (Crl.R.C(MD)No.1251 of 2023), the Court allowed the revision, set aside the trial court's order, and directed return of the vehicle on interim custody on conditions (Rs.1,00,000/- bond with two sureties, photographing of vehicle/engine/chassis, deposit of original RC, monthly production before the court and as required before police, participation in confiscation proceedings, no disposal/alienation/alteration, cooperation), expressly stating that the order is no bar to confiscation proceedings and is subject to their outcome.