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CDJ 2025 MHC 7283
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| Court : High Court of Judicature at Madras |
| Case No : CRL. RC. No. 2602 of 2025 |
| Judges: THE HONOURABLE MRS. JUSTICE T.V. THAMILSELVI |
| Parties : Kannan Versus The State Rep By Inspector of Police G2, Uthiramerur P.S., Kancheepuram. |
| Appearing Advocates : For the Petitioners: R.Thamarai Selvan, S. Venkatesan, M. Divyalakshmi, T. Maha Vishnu, S. Ramesh, N. Gayathri, M. Tarun Vel, R. Rajarajan, Advocates. For the Respondent: Public Prosecutor. |
| Date of Judgment : 28-11-2025 |
| Head Note :- |
| Criminal Procedure Code - Section 451 - |
| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- EC and NDPS Act
- Sections 8(c) r/w 20(b)(ii)(B), of NDPS Act
- Section 451 of Cr.P.C.
- 497(1) of BNSS
2. Catch Words:
Seizure, Bond, Property Protection
3. Summary:
The petitioner, a third‑party owner of a seized Bajaj Auto, filed a criminal revision seeking the return of his vehicle, asserting no involvement in the NDPS offence. The police had seized the vehicle along with 1.5 kg of ganja in a case under Sections 8(c) and 20(b)(ii)(B) of the NDPS Act. Both the prosecution and the government counsel agreed that the petitioner was not an accused. Citing Section 451 of the Cr.P.C. and provisions of BNSS for protection of property, the court held that continued custody would cause degradation. Consequently, the court set aside the earlier order and directed the return of the vehicle subject to conditions including a bond, deposit of registration certificate, and restrictions on alienation or alteration.
4. Conclusion:
Petition Allowed |
| Judgment :- |
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(Prayer: To set aside the order dated 25.10.2025 made in CRl.M.P.No.2241 of 2025 on the file of the Principal Special Court under EC and NDPS Act, Chennai and allow the above Criminal Revision.)
1. This Criminal Revision Case has been filed to set aside the order dated 25.10.2025 made in CRL.M.P.No.2241 of 2025 on the file of the Principal Special Court under EC and NDPS Act, Chennai and allow the above Criminal Revision.
2. Heard the learned counsel appearing on either side and perused the materials available on record.
3. The petition herein filed CRL.M.P.No.2241 of 2025 on the file of the Principal Special Court under EC and NDPS Act, Chennai ,seeking return of Bajaj Auto bearing Reg.No.TN07-DA-8769, which was seized by the respondent police. The petitioner is the owner of seized vehicle and he is the third party and he has no knowledge about the crime.
4. The respondent police have seized 1.500 Kgs of ganja from the accused person and also Bajaj Auto bearing Reg.No.TN07-DA-8769, which was seized by the respondent police. The case has been registered for the offence punishable under Sections 8(c) r/w 20(b)(ii)(B), of NDPS Act in crime No. 483 of 2024. The petitioner is not arrayed as accused. The said vehicle was produced before the Principal Special Court Under EC and NDPS Act at Chennai.
5. The learned Government Advocate (Crl. side) would submit that the petitioner has not involved in the crime and there is no previous case against him.
6. Even according to the case of the prosecution, the petitioner has not involved in the case and there is no previous case against him. Further the provision under Section 451 of Cr.P.C.,/497(1) of BNSS provides for protection of the property from degradation due to non maintenance in the custody of the police as it takes long time for conclusion of criminal proceedings. The vehicle is in broad day light from the date of seizure and the trial has also been commenced and hence no useful purpose will be served in keeping the vehicles parked in the sunlight and rain.
7. In view of the above discussions, this Court is inclined to return the vehicle to the petitioner and accordingly, the order passed in Crl.MP.No.2241 of 2025 dated 25.10.2025 by the Principal Special Court Under EC and NDPS Act at Chennai, is hereby set aside. The learned Principal Special Court Under EC and NDPS Act at Chennai, is directed to return the Bajaj Auto bearing Reg.No.TN07-DA-8769 to the petitioner, forthwith on the following conditions:-
(i) the petitioner is directed to execute an own bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) to the satisfaction of the concerned Magistrate to the credit of Crime No.483 of 2024 pending on the file of the respondent police.
(ii) the petitioner shall deposit the original registration certificate of the vehicle with the concerned Magistrate.
(iii) the seized item should be photographed at the cost of the petitioner herein and a list is to be prepared and the same is to be signed by the petitioner.
(iv) the petitioner shall not alienate and shall not make any alteration in the vehicle.
(v) the petitioner shall produce the vehicle before the Court and before the respondent police as and when required;
(vi) If any of the conditions are violated, this order automatically stands cancelled.
8. Accordingly, the Criminal Revision Case stands allowed.
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