Dubraj Singh Patel vs. The State Of Madhya Pradesh

Held

The High Court allowed the revision petition. It held that the subject matter of the crime was only bottles of Onerex Cough Syrup, and the other drugs seized by the police did not fall within the ambit of the crime committed. Consequently, the trial court was directed to release the drugs seized by the police, excluding Onerex Cough Syrup, in favour of the petitioner. The petitioner was granted liberty to file a GST invoice dated 13.07.2020 before the trial court to support the release of drugs from serial No. 1-16, except for serial No. 13, on suprudiginama. The revision petition was disposed of with these directions. The ratio decidendi is that property not directly linked to the alleged crime, and not falling under specific prohibited categories, should be released on interim custody if the owner provides necessary documentation, even if other items in the same seizure are subject to the ongoing trial.

Facts

The petitioner, Dubraj Singh Patel, filed a revision petition before the Madhya Pradesh High Court challenging an order dated 13.11.2021 passed by the Special Judge, NDPS, Rewa. The Special Judge had dismissed the petitioner's application for the release of seized narcotic substances on suprudiginama (a form of interim custody/release). The petitioner contended that out of 16 seized drugs, only one, Onerex Cough Syrup, falls under the definition of narcotic drugs. He argued that the other seized drugs should be released on suprudiginama, while Onerex Cough Syrup could remain subject to the final trial court order. The State opposed this prayer. The High Court considered the matter and noted that the crime was related only to bottles of Onerex Cough Syrup, and other seized drugs were not part of the alleged crime.

Key Issues

1. Whether the Special Judge, NDPS, Rewa, erred in dismissing the petitioner's application for the release of seized drugs on suprudiginama, considering that only one of the seized drugs (Onerex Cough Syrup) falls within the definition of narcotic drugs, and the other seized drugs are not part of the alleged crime? (Question of law and fact, concerning the scope of seizure and release of property under relevant provisions of law, potentially including the NDPS Act and Cr.P.C.). Petitioner's argument: The petitioner argued that the trial court wrongly classified all seized drugs as narcotic substances. He contended that only Onerex Cough Syrup is a narcotic drug, and the remaining 15 drugs should be released on suprudiginama. He sought an order for the release of these other drugs, while agreeing that Onerex Cough Syrup could be subject to the final outcome of the trial. Revenue's argument: The learned Government Advocate appearing for the State opposed the prayer made by the petitioner.