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2012 Supreme(Mad) 4864

M.Venugopal
Silambarasan – Appellant
Versus
State, represented by The Inspector of Police, Usilampatti Nagar Police Station, Madurai District – Respondent


ADVOCATES APPEARED:
R. Anand, for Petitioner P. Kandasamy, Government Advocate, (Criminal Side), for Respondent

ORDER

1. The petitioner/accused has filed the instant criminal revision petition as against the order dated 19.11.2012 in Cr. M.P. No. 2934 of 2012 passed by the learned Principal Judge for NDPS Act Cases, Madurai.

2. The learned Principal Special Judge for NDPS Act Cases, Madurai, while passing the order in Cr. M.P. No. 2934 of 2012 on 19.11.2012 has among other things observed that “.... Because the property seized from the accused is money. It is kept in the Court custody. It will not lose its value etc.” and resultantly, declined to allow the petition for handing over of the cash to the petitioner on interim custody.

3. Assailing the correctness of the orders of dismissal in Cr. M.P. No. 2934 of 2012 dated 19.11.2012 passed by the learned Principal Special Judge for NDPS Act Cases, Madurai, the learned counsel for the petitioner/accused submits that the learned Special Judge should have allowed the Miscellaneous Petition, in as much as he has failed to appreciate the fact that the prayer of the revision petitioner/petitioner is only for an interim custody and that too after affording sufficient opportunity.

4. It is the contention of the learned counsel for the petitioner that the


























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