The court held that interim custody of seized property can be granted considering the condition of the property and absence of pending cases against the owner.

ORDER

Today, this matter is listed under the caption 'for being mentioned', at the instance of the Registry, seeking clarification in the order dated

10.01.2025.

2. Perused the order dated 10.01.2025.

3. Registry is directed to replace paragraph No.3 of the order dated

10.01.2025 made in Crl.R.C.No.2335 of 2024, as follows: “3. In view of the submission made, the second condition of paragraph 7 of the order dated 18.12.2024, is replaced as follows:

The petitioner shall produce the original RC Book along with a self-attested Photostat copy of the RC Book of the vehicle and other relevant records to prove his ownership. The learned Principal Special Judge, Special Court under EC & NDPS Act , Chennai, shall peruse the RC book and other records, retain a xerox copy of the same and return the original RC book to the petitioner.”

4. It is made clear that in all other aspects, the order dated

10.01.2025, remains unaltered.

5. The Registry is directed to carry out the amendment and issue a fresh certified copy of the order, dated 18.12.2024 forthwith.

10-02-2025 ars CRL RC NO. 2335 of 2024 To

1. The State Rep. By Its Inspector Of Police, D4, Zambazaar Police Station, Chennai - 600 014.

Crime No.177/2022 Crl.R.C.No.2335 of 2024 S UNDER MOHAN, J.

Today, the matter is listed under the caption “For Being Mentioned” at the instance of the learned counsel for the petitioner.

2. The learned counsel for petitioner/accused would submit that the Jurisdictional Court in condition no.7(ii) was wrongly mentioned as the learned Judicial Magistrate, Katpadi, instead of the learned Principal Special Judge, Special Court under EC & NDPS Act , Chennai in the earlier order dated 18.12.2024.

3.In view of the submission made, the second condition of paragraph 7 of the order dated 18.12.2024, is replaced as follows:

“The petitioner shall produce the original RC Book along with a self-attested Photstat copy of the RC Book of the vehicle and other relevant records to prove his ownership. The learned Principal Special Judge, Special Court under EC & NDPS Act , Chennai.”

4. It is also made clear that in all other aspects, the order dated

18.12.2024, shall remain unaltered.

5. The Registry is directed to carry out the amendment and issue a fresh certified copy of the order, dated 18.12.2024 forthwith.

10.01.2025 dk S UNDER MOHAN, J.

dk

10.01.2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 18.12.2024 CORAM THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.R.C.No.2335 of 2024 Shyam Sundar ... Petitioner/Accused vs.

The State rep by its Inspector of Police, D4, Zambazaar Police Station, Chennai – 600 014.

Crime No.177/2022 ...Respondent/complainant PRAYER: Criminal Revision Petition filed under Section 438 r/w 442 of BNSS , to call for the records relating to set aside the order in Crl.M.P.No.2837 of 2024 dated 02.04.2024 on the file of the Court of Principal Special Court under EC & NDPS Act , Chennai.

For Petitioner : Ms.Fathima Mashether for Mr.S.Manimaran For Respondent : Mr.S.Udaya Kumar Government Advocate (Crl.Side)

ORDER The revision challenges the dismissal of the petitioner’s application for return of property filed under Section 451 of Cr.P.C.

2. The petitioner is an accused in Crime No.177 of 2022 registered for the offence under Sections 8(c) r/w 20(b)(ii)( B ) @ 8(c) r/w 20(b)(ii)( B ), 25 and 29(1) of NDPS Act . The petitioner is said to have carried the contraband, namely, 1200 grms of Ganja in his Two wheeler, namely, TVS Storm bearing Reg.No.TN-06-Y-1839, which was seized by the respondent police during the course of investigation. The petitioner sought for return of the vehicle and the same was dismissed by the learned Principal Special Judge, by the order dated 02.04.2024 on the ground that the vehicle is required to be marked as material object at the time of trial.

3. The learned co