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