1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:24.11.2011 CORAM: THE HONOURABLE MR. JUSTICE S.TAMILVANAN Crl.R.C.(MD)No.926 of 2011 R.Selvakumar :Petitioner/Accused A1 -Vs- State Rep.by The Inspector of Police, Q-Branch CID, Ramanathapuram, Ramanathapuram District. (Cr.No.1/10) :Respondent/Complainant Prayer:The Criminal Revision Petition has been filed under Section 397 and 401 of Cr.P.C., against the order passed in Crl.M.P.No.245 of 2011 dated 21.07.2011 on the file of the Additional Sessions Judge-cum-Special Judge for EC Act and NDPS Act cases, Pudukkottai where by dismissed the petition seeking return of property filed by the petitioner. For Petitioner : Mr.T.K.Sampath For Respondent : Mr.A.P.Balasubramani, G.A.(Crl.side) ORDER Heard the learned counsel appearing for the petitioner as well as the learned Government Advocate (Crl.side) appearing for the respondent. 2.The Criminal Revision petition has been filed under Sections 397 and 401 of Cr.P.C. challenging the order dated 21.07.2011 made in Crl.M.P.No.245 of 2011 on the file of the Additional Sessions Judge cum Special Judge for EC Act and NDPS Act cases, Pudukkottai. 3.It is seen that the petitioner / A1 is facing charges under Section 8(c) r/w 21(b) of NDPS Act, 1985 and Section 3 r/w 25(I-B)(a) of Arms of Act 1959 and Section 13(1)(2) of Unlawful Activities (Prevention) Act, 1997. As per the prosecution case the petitioner was found in possession of 250 grams of heroin on 26.01.2010 and also cash a sum of Rs.8 lakhs. 4.Learned counsel appearing for the petitioner submits that the petitioner is an innocent person and that the case has been foisted against him and that the amount of Rs.8 lakhs seized from him is his personal money, however, the court below has not directed to handover the same to the petitioner / accused. https://hcservices.ecourts.gov.in/hcservices/ 2 5.On the other hand, learned Government Advocate (Crl.side) appearing for the respondent raised his objection stating that the case is pending and the offence is serious in nature, committed by the petitioner/accused, punishable under the NDPS Act and Unlawful Activities (Prevension) Act. Hence, the petitioner is not entitled to get the money returned. 6.As per the impugned order it is seen that an amount of Rs.8 lakhs was seized from the petitioner herein as it relates to an offence punishable under NDPS Act and other provisions of law and the alleged contraband seized from the petitioner was 250 grams of heroin. The prosecution has stated that the amount seized from the petitioner is only the sale proceeds of the contraband already sold. In the aforesaid circumstances, since the case is pending before the court below, the petitioner / accused is not entitled to get back the money. However, it is reasonable to order that the money be invested in a Nationalized Bank and after the disposal of the case, the same shall be decided. 7.In the aforesaid circumstances, the court below is directed to invest the money of Rs.8 lakhs recovered from the petitioner / accused for a period of 2 years in a Nationalized Bank available nearby the court below. 8.With the above observation, the Criminal Revision Petition is dismissed. Sd/- Deputy Registrar (Accounts) / TRUE COPY / Assistant Registrar To: 1.The Additional Sessions Judge cum Special Judge for EC Act and NDPS Act cases, Pudukkottai. 2.The Inspector of Police, Q-Branch CID, Ramanathapuram, Ramanathapuram District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Nbj Crl.R.C.(MD)No.926 of 2011 RP/28.12.2011/2P/4C. 24.11.2011 https://hcservices.ecourts.gov.in/hcservices/