Prasanna vs The State Rep.By, The Inspector Of … on 21 July, 2026

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    Madras High Court

    Prasanna vs The State Rep.By, The Inspector Of … on 21 July, 2026

                                                                                   CRL RC No. 1460 of 2026
    
    
                                      IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                         DATED: 21-07-2026
                                                              CORAM
                                       THE HON'BLE MR.JUSTICE SHAMIM AHMED
                                                       CRL RC No. 1460 of 2026
    
                    Prasanna, S/o. Vijaya Kumar.
                    No.28/8, South Mada Street, Nungambakkam,
                    Chennai.
                                                                                        ..Petitioner(s)
                                                                 Vs
                    The State Rep.by, The Inspector of Police,
                    D6, Anna Square Police Station,
                    Chennai. Cr.No.92 of 2025.
                                                                                      ..Respondent(s)
    
                    Prayer:- To call for the records pertaining to the order dated 25.11.2025 in
                    Crl.MP.No.6775 of 2025 in CC.No.1562 of 2025 on the file of the Special
                    Judge, I Additional Special Court for Exclusive Trial of Cases under NDPS Act,
                    Chennai and set aside the same and pass such further or other orders.
                                  For Petitioner(s):          Mr.K.Karthikeyan
    
                                  For Respondent(s):          Mr.M.M.I.Khaleel, GA (Criminal Side)
    
                                                              ORDER
    

    1. This Criminal Revision Case is filed to set aside the order, dated 25.11.2025

    in Crl.MP.No.6775 of 2025 in CC.No.1562 of 2025, passed by the Special

    SPONSORED

    Judge, I Additional Special Court for Exclusive Trial of Cases under NDPS

    Act, Chennai and pass such further or other orders.

    2. The facts of the case are that the Revision Petitioner is the owner of the Two

    Wheeler, Vespa ZX, bearing Reg.No.TN 01 BT 5254, which was seized by

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    the Respondent Police, in Cr.No.92 of 2025 for the offence under Section

    8(c) read with 20(b)(ii)(B), 22(a), 25, 29(1) of the Narcotic Drugs and

    Psychotropic Substances Act, 1985. Hence, the Revision Petitioner had filed

    the above petition, seeking release of the said Vehicle, before the Trial Court.

    By the impugned order, the Trial Court had dismissed the said petition,

    refusing to release the said Vehicle. Hence, this Criminal Revision Case has

    been filed by the Revision Petitioner, seeking the relief, as stated above.

    3. This Court heard Mr.K.Karthikeyan, the learned counsel for the Revision

    Petitioner and Mr.M.M.I.Khaleel, the learned Government Advocate

    (Criminal Side) for the Respondent.

    4. The learned counsel for the Revision Petitioner submits that the Revision

    Petitioner is the owner of the vehicle in question and that when the

    ownership of the vehicle in question is not in dispute, the impugned order of

    the court below, refusing to return the vehicle, is not sustainable. Thus, the

    learned counsel seeks to quash the impugned order and to release the vehicle

    in question.

    5. The learned counsel for the Revision Petitioner further submits that from the

    date of seizure, the vehicle in question is kept in the custody of the Trial

    Court in the open yard and with the passage of time, ultimately it will

    become junk and after sometime, it is not useful for any purpose. The learned

    counsel has relied on the law laid down by the Hon’ble Apex Court in the

    case of Sunderbhai Ambalal Desai and C.M. Mudaliar Vs. State of

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    Gujrat, AIR 2003 SC 638.

    6. The learned counsel for the Revision Petitioner has further drawn the

    attention of this Court, regarding the provisions of Sections 497 and 503 of

    Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which is quoted as

    under:-

    “497. Order for custody and disposal of property pending trial in
    certain cases.-When any property is produced before any Criminal
    Court during any inquiry or trial, the Court may make such order as
    it thinks fit for the proper custody of such property pending the
    conclusion of the inquiry or trial, and, if the property is subject to
    speedy and natural decay, or if it is otherwise expedient so to do, the
    Court may, after recording such evidence as it thinks necessary,
    order it to be sold or otherwise disposed of.

    Explanation.- For the purposes of this section,” property” includes-

    (a) property of any kind or document which is produced before the
    Court or which is in its custody,

    (b) any property regarding which an offence appears to have been
    committed or which appears to have been used for the commission
    of any offence.

    (2) The Court or the Magistrate shall, within a period of fourteen
    days from the production of the property referred to in sub-section
    (1) before it, prepare a statement of such property containing its
    description in such form and manner as the State Government may,
    by rules, provide.

    (3)The Court or the Magistrate shall cause to be taken the
    photograph and if necessary, videograph on mobile phone or any
    electronic media, of the property referred to in sub-section
    (1).

    (4)The statement prepared under sub-section (2) and the photograph
    or the videography taken under sub-section (3) shall be used as
    evidence in any inquiry, trial or other proceeding under the Sanhita.

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    (5)The Court or the Magistrate shall, within a period of thirty days
    after the statement has been prepared under sub-section (2) and the
    photograph or the videography has been taken under sub-section (3),
    order the disposal, destruction, confiscation or delivery of the
    property in the manner specified hereinafter.

    503. Procedure by police upon seizure of property.-(1) Whenever
    the seizure of property by any police officer is reported to a
    Magistrate under the provisions of this Code, and such property is
    not produced before a Criminal Court during an inquiry or trial, the
    Magistrate may make such order as he thinks fit respecting the
    disposal of such property or the delivery of such property to the
    person entitled to the possession thereof, or if such person cannot be
    ascertained, respecting the custody and production of such property.

    (2) If the person so entitled is known, the Magistrate may order the
    property to be delivered to him on such conditions (if any) as the
    Magistrate thinks fit and if such person is unknown, the Magistrate
    may detain it and shall, in such case, issue a proclamation specifying
    the articles of which such property consists, and requiring any person
    who may have a claim thereto, to appear before him and establish his
    claim within six months from the date of such proclamation.”

    7. The learned counsel for the Revision Petitioner further submits that the

    Revision Petitioner is ready to comply with all the conditions, which the

    Court will impose, while releasing the vehicle in question. Indisputably, the

    Revision Petitioner is the rightful owner of the vehicle in question and

    therefore, the vehicle in question be released in his favour and the impugned

    order be quashed by this Honourable Court in the interest of justice.

    8. Per contra, the learned Government Advocate for the Respondent submits

    that the vehicle in question was involved in the offences under Sections 8(c)

    read with 20(b)(ii)(B), 22(a), 25, 29(1) of the Narcotic Drugs and

    Psychotropic Substances Act, 1985 and hence, the vehicle in question was

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    correctly seized by the Respondent Police. Thus, the Trial Court has rightly

    passed the impugned order and there is no illegality in the impugned order

    and hence, no interference by this Court is required.

    9. I have considered the submissions of the learned counsel for the parties and

    carefully gone through the relevant legal provisions and the judgements

    rendered by the Hon’ble Apex Court in the case of Sunderbhai Ambalal

    Desai (supra) and the judgement passed by the High Court in various cases.

    10.The Hon’ble Apex Court in the case of Sunderbhai Ambalal Desai, AIR

    2003 SC 638 (supra) in para 17 and 21 has been pleased to held as under:-

    “17. In our view, whatever be the situation, it is of no use to keep
    such seized vehicles at the police stations for a long period. It is for
    the Magistrate to pass appropriate orders immediately by taking
    appropriate bond and guarantee as well as security for return of the
    said vehicles, if required at any point of time. This can be done
    pending hearing of application for return of such vehicles.

    21. However these powers are to be exercised by the concerned
    Magistrate. We hope and trust that the concerned Magistrate would
    take immediate action for seeing that powers under Section 451
    Cr.P.C. Are properly and promptly exercised and articles are not
    kept for a long time at the police station, in any case, for not more
    than fifteen days to one month. This Object can also be achieved if
    there is proper supervision by the Registry of the concerned High
    Court in seeing that the rules framed by the High Court with regard
    to such articles are implemented properly.”

    11.In Nand Vs. State of U.P., 1996 Law Suit (All) 423, the Allahabad High

    Court has observed that pendency of the confiscation proceedings under

    Section 72 of the U. P. Excise Act is not a bar for release of the vehicle which

    is required for the trial under Section 60 of the U.P. Excise Act. It has been

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    clearly observed by that Court in para 7, which is being produced as under:-

    “I think it is not proper to allow the truck to be damaged by
    remaining stationed at police station. Admittedly, the ownership of
    the truck is not disputed. The State of Uttar Pradesh does not claim
    its ownership. Therefore, I think it will be proper and in the larger
    interest of public as well as the revisionist that the revisionist gives a
    Bank guarantee of Rs. 2 lakhs before the C.J.M., Kanpur Dehat and
    files a bond that he shall be producing the truck as and when needed
    by the criminal courts or the District Magistrate, Kanpur Dehat, and
    he shall not make any changes nor any variation in the truck.”

    12.The Allahabad High Court further has held in the case of Jai Prakash Vs.

    State of U.P., 1992 AWC 1744 that mere pendency of confiscation

    proceedings before the Collector is no bar to release the vehicle. In

    Kamaljeet Singh Vs. State of U.P., 1986 U.P. Cri. Ruling 50 (Alld), the

    same view was taken by the Allahabad High Court that pendency of

    confiscation proceedings shall not operate as bar against the release of

    vehicle seized under Section 60 of Excise Act.

    13.In the opinion of this Court, the power under Section 497 of the Bharatiya

    Nagarik Suraksha Sanhita, 2023 (BNSS) is not properly and widely used by

    the Trial Court, while passing the impugned order. The power conferred

    under Section 497 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)

    be exercised by the trial court with judicious mind and without any

    unnecessary delay. So that the litigant may not suffer, merely keeping the

    article in the custody of the Trial Court in the open yard will not fulfil any

    purpose and ultimately it result the damage of the said property. The owner of

    the property be allowed to enjoy the fruits of the said property for the

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    remaining period for which the property is being made as it is not in dispute

    that the Revision Petitioner is the owner of the seized Vehicle.

    14.Further, in the opinion of this Court, the procedure as contemplated under

    Section 503 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) be also

    followed promptly, so that the concerned Court may take prompt decision for

    disposal of such properties and be released in favour of the entitled person of

    the said property, keeping the said property in the custody and keeping the

    same in the custody of the Trial Court in the open yard will not solve any

    purpose and that gives a mental and financial torture to the owner of the said

    property which is also against the law and against the principles of natural

    justice.

    15.As per the legal propositions mentioned above and keeping in view the facts

    that indisputably the Revision Petitioner is the registered owner of the seized

    vehicle and that the ownership of the vehicle is not in dispute as neither the

    State or any other person has claimed their ownership over the vehicle, no

    useful purpose will be served in keeping the vehicle stationed at the Trial

    Court in the open yard for a long period, allowing it to be damaged with the

    passage of time.

    16.In view of the above facts and circumstances of the case and in the light of

    the decisions of the Honourable Supreme Court and the High Court referred

    to above, the impugned order is not sustainable in the eye of law and hence, it

    requires interference by this court.

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    17.Accordingly, the present Criminal Revision Case is allowed and the

    impugned order dated, 25.11.2025, passed in Crl.MP.No.6775 of 2025 in

    CC.No.1562 of 2025, by the Special Judge, I Additional Special Court for

    Exclusive Trial of Cases under NDPS Act, Chennai , is set aside and

    reversed.

    18.The Special Judge, I Additional Special Court for Exclusive Trial of Cases

    under NDPS Act, Chennai, is directed to release the vehicle in question

    forthwith in favour of the Revision Petitioner, on the conditions that the

    Revision Petitioner shall give a bank guarantee of Rs.20,000/- (Rupees

    twenty thousand only) before the said Court and file a bond that he shall be

    producing the vehicle in question as and when needed by the concerned court

    and he shall not make any changes nor any variation in the vehicle in

    question.

    19.There is no order as to costs. Let the copy of this order be sent to the court

    concerned for its compliance and information by the Registry of this Court

    within one week from today.

    21-07-2026
    Index: Yes/No
    Speaking/Non-speaking order
    Neutral Citation: Yes/No

    SRCM

    TO

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    CRL RC No. 1460 of 2026

    1. The Inspector of Police, D6, Anna Square Police Station,
    Chennai.

    2. The Special Judge, I Additional Special Court for Exclusive Trial of Cases
    under NDPS Act, Chennai

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    CRL RC No. 1460 of 2026

    SHAMIM AHMED, J.

    SRCM

    CRL RC No. 1460 of 2026

    21-07-2026

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