SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2016 Supreme(Mad) 1984

P.DEVADASS
Ramanathan – Appellant
Versus
Sub-Inspector of Police Devipattinam Police Station Ramanathapuram District – Respondent


Advocates Appeared:
For the Petitioner: Mr. M. Pitchai Muthu
For the Respondent:Mr. S. Prabha, Govt. Advocate

ORDER :

The Car Owner/A1 aggrieved by the dismissal of his property return petition in Cr. M.P. No. 1450 of 2015, by the learned Special Judge under E.C. & N.D.P.S. Act, Pudukkottai, has directed this revision.

2. In connection with Crime No.8 of 2015, Devipattinam Police seized a Lancer Car (TN33 AB6162). The Car has been produced with Form-95 to the Court. It has become a case-property. The revision petitioner filed Crl.M.P.No.1450 of 2015 for interim custody of the same to him. It was opposed to by the learned Special Public Prosecutor that investigation is pending, if the Car is given, again it will be used for committing similar offence.

3. The learned Special Judge passed one line order, which runs as under:

“Considering the contentions raised by the Special Public Prosecutor, this petition is dismissed.”

4. This is not a proper way of disposal of an application by a judicial order. Judicial orders must be passed in accordance with law. Disposal of a property return petition solely based on the contentions of the learned Special Public Prosecutor is not accordance with law. What the learned Judge has to do is that he must go through the averments in the petition, counter, if any f











Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top