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2025 Supreme(Online)(MAD) 76

HIGH COURT OF MADRAS
MR.JUSTICE SUNDER MOHAN, J
G.ILLAYARAJA – Appellant
Versus
STATE OF TAMIL NADU – Respondent


Advocates:
Mr.S.Lakshmikanth, Mr.S.Udaya Kumar Government Advocate (Crl.Side)

ORDER

The Criminal Revision challenges the dismissal of the petitioner's application filed under Sections 503 and 497 of BNSS for return of his vehicle viz., Innova Crysta Car bearing Regn.No.TN-18-BM-0007.

2. An FIR was registered on 04.09.2024 in Cr.No.1273 of 2024 for the offence under Sections 4(1)(aa) and 4(1)(h) of Tamil Nadu Prohibition Act, and under Sections 4(1)(B), 4(1)(A) and 14(A) of Tamil Nadu Prohibition (Amendment) Act, 2024 on the allegation that the petitioner and two others were found in possession of Pondicherry liquor illegally in the car.

3. During the course of the aforesaid investigation, the car of the petitioner viz., Innova Crysta Car bearing Regn.No.TN-18-BM-0007 was seized on 04.09.2024. The petitioner sought for return of the vehicle and the same was dismissed by the learned Magistrate on the ground that the vehicle is liable for confiscation and confiscation proceedings have already been initiated.

4. The learned counsel for the petitioner would submit that the vehicle is kept idle in the police station in an open place ever since the date of seizure, thereby the value of the vehicle is diminishing and if the vehicle is not returned, it would be reduced t

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