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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
MOHAMMED SHAFFIQ
Musthafa Ayappalli, S/o. Hamzakutty Haji A. – Appellant
Versus
State of Tamilnadu, Rep by The Inspector of Police, Palani Adivaram Police Station, Dindigul – Respondent
| Table of Content |
|---|
| 1. rights to custody of seized property (Para 2 , 3 , 4) |
| 2. petitioners' ownership acknowledged (Para 5 , 6) |
| 3. procedural guidelines for property custody (Para 7 , 8 , 9 , 10) |
| 4. terms for release of seized vehicle and phones (Para 11) |
| 5. disposal of criminal revision cases (Para 12) |
ORDER :
MOHAMMED SHAFFIQ, J.
Heard Mr.K.Muthu Ganesa Pandian, learned Counsel for Revision Petitioners and Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor for Respondent.
2. These Criminal Revision Cases have been filed to set aside the orders, dated 06.03.2025 made in Crl.M.P.Nos.174, 175, 176, 177 and 178 of 2025 on the file of the Judicial Magistrate Court, Palani, and consequently, to direct the respondent to return the mobile phones and vehicle to the respective Petitioners.
3. Mr.K.Muthu Ganesa Pandian, learned Counsel for Revision Petitioners would submit that Petitioners, who were arraigned as Accused Nos.1, 4, 5, 6 and 7, are owners of the mobile phones viz., VIVO V235G, Samsung GALAXY S 24 ULTRA, OPPO A53, VIVO X 200, Samsung Galaxy S20, CMALX2 (Honor), I-Phone and Samsung and 1st Petitioner is the owner of vehicle viz.,Honda Amaze Grey color Car bearing Registration No.KL
Lawful owners of seized property may reclaim items pending trial under certain conditions to prevent devaluation and ensure compliance with legal processes.
The court held that ownership proof, such as purchase bills, can justify the release of seized property under Section 451 Cr.P.C., even after initial dismissal by the trial court.
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