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CDJ 2026 MHC 5898 My Notes print Preview print print
Court : High Court of Judicature at Madras
Case No : CRL. R.C. (MD) No. 609 of 2026
Judges: THE HONOURABLE MR. JUSTICE N. GUNASEKARAN
Parties : Naveen Versus The State of Tamil Nadu, Rep. by, The Inspector of Police, Andipatti Police Station, Theni
Appearing Advocates : For the Petitioner: M. Gandhirajan, Advocate. For the Respondent: C. Susikumar, Government Advocate.
Date of Judgment : 11-08-2026
Head Note :-
BNSS - Section 438, Section 442 -

Case Refered:
Bishwajit Dey vs The State Of Assam - (2025) 3 SCC 241
Judgment :-

(Prayer: Revision filed under Section 438 r/w 442 of BNSS, 2023 to call for the records and to set aside the order passed in Crl.M.P.No.2845 of 2025 on the file of the learned Judicial Magistrate, Andipatti, dated 24.10.2025 and to grant interim custody of the vehicle to the petitioner.)

1. This Criminal Revision Petition is filed to set aside the order of the learned Judicial Magistrate, Andipatti, in Crl.M.P.No. 2845 of 2025 dated 24.10.2025 filed by the petitioner under Section 497 of BNSS of 2023.

2. The case of the prosecution is that the respondent filed an FIR in Crime No.370 of 2025 for the alleged offence under Sections 8(c), 21(b), 25, 29(9) NDPS Act, for illegal possession of three strips, each containing 10 tablets of Narcotic Pill, through his two wheeler, Pulsar 125, bearing registration No.TN 60 AL 9552. Subsequently, the petitioner's vehicle was seized. Thereafter, the petitioner filed Crl.M.P.No.2845 of 2025 for the return of vehicle before the learned Judicial Magistrate, Andipatti, and the same was dismissed on 24.10.2025.

3. The petitioner preferred this Criminal Revision Petition as against the order dated 24.10.2025 made in Crl.M.P.No.2845 of 2025 on the file of the learned Judicial Magistrate, Andipatti, and to set aside the same.

4. Heard the learned counsels on either side and carefully perused the materials available on record.

5. The learned Government Advocate (Criminal side) appearing for the respondent submitted that if the vehicle is returned to the petitioner, there is possibility for the vehicle being used for the commission of similar offence and objected to grant interim custody of the vehicle to the petitioner.

6. The learned counsel appearing for the petitioner would submit that the vehicle bearing Registration No.TN 60 AL 9552, is owned by the petitioner and he was not involved in any such offence as alleged by the respondent and if the vehicle is kept in open place, the vehicle will get deteriorated and the value of the vehicle would automatically stand diminished and therefore interim custody of the vehicle may be granted to the petitioner.

7. The principle laid down by the Hon'ble Supreme Court in Bishwajit Dey vs The State Of Assam reported in (2025) 3 SCC 241 is also considered.

8. Considering the fact that if the vehicle is kept in open place exposing to sun and rain, the value of the vehicle will be deteriorated and that no purpose will be served in keeping the vehicle in custody, this Court is inclined to allow the revision thereby, setting aside the impugned order dated 24.10.2025 passed in Crl.M.P.No.2845 of 2025 by the learned Judicial Magistrate, Andipatti.

9. Accordingly, this Criminal Revision Case is allowed and the order dated 24.10.2025 passed in Crl.M.P.No.2845 of 2026 by the learned Judicial Magistrate, Andipatti, is hereby set aside and the vehicle viz., Pulsar 125, bearing Registration No.TN 60 AL 9552, is ordered to be returned to the petitioner for interim custody subject to the confiscation proceedings to be taken by the concerned Department or by the Court on the following conditions:-

                   (a) The petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) as non-refundable deposit for the said vehicle to the credit of District Legal Services Authority, Theni District;

                   (b) The petitioner shall produce the original Registration Certificate Book of the vehicle before the learned Judicial Magistrate, Andipatti. If the original Registration Certificate Book is in the custody of the finance company, the petitioner shall produce a photocopy of the Registration Certificate Book, along with an affidavit stating that the original Registration Certificate Book is with the finance company and a letter from the finance company acknowledging such custody.

                   (c) The petitioner shall give an undertaking before the respondent/ authority concerned stating that he will not use the vehicle in question for any illegal activities in future, failing which the respondent/trial Court is at liberty to confiscate the vehicle;

                   (d) The petitioner shall not alienate and shall not make any alteration in the vehicle;

                   (e) The petitioner shall produce the vehicle before the Trial Court once in a month i.e, on first working day of every English calendar month.

10. It is made clear that this order relates solely to interim custody of the vehicle and shall not be construed as expressing any opinion on the merits of the prosecution in Crime No.370 of 2025.
 
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