Crl.R.C.No.366 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.03.2023

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM

Crl.Rc.No.366 of 2023

Pachiyammal

... Petitioner

Vs.

State Rep by the Inspector of Police,

F-1 Chintadripet Police Station,

Chennai.

Crime No.199/2022

... Respondent

PRAYER: Criminal Revision Petition filed under Section 397 and 401 of

Criminal Procedure Code, 1973 to call for the records on the file of the

learned Principal Special Judge, Principal Special Court under EC & NDPS

Act Cases, Chennai in Crl.M.P.No.93 of 2023, dated 31.01.2023 and set

aside the Order.

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Crl.R.C.No.366 of 2023

For Petitioner

: Mr.R.Anbu

For Respondent

: Mr.R.Vinothraja

Government Advocate (Crl.Side)

O R D E R

This Criminal Revision Petition has been filed to set aside the order

passed by the learned Principal Special Judge, Principal Special Court under

EC & NDPS Act Cases dated 31.01.2023 made in Crl.M.P.No.93 of 2023

and to return the vehicle Honda Motor Cycle Dio Drum bearing registration

No. TN 06 AB 8397 to the petitioner /owner of vehicle.

2. It is the case of the prosecution that on 04.08.2022, when the

respondent police along with their officials intercepted the Hone Motor

Cycle Dio Drum bearing registration No.TN 06 AB 8397 driven by the son

of the petitioner, they found him in possession of narcotic drugs. Hence a

case in Crime No.199/2022 was registered under Sections 8[c], 22[b], 25

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Crl.R.C.No.366 of 2023

and 29[i] of Narcotic Drugs and Psychotropic Substances Act 1985 and the

vehicle was seized.

3. The petitioner is the owner of the above said Honda Motor Cycle

Dio Drum and she filed a petition in Crl.M.P.No.93 of 2023 before the

Trial Court to release the vehicle to her. But it was dismissed, vide order

dated 31.01.2023 on the ground that if the vehicle is returned, the accused

may involve the vehicle in similar offence. Hence, challenging the above

said order, the petitioner filed the present Revision case.

4. The learned counsel for the petitioner submitted that the petitioner

is the owner of Hone Motor Cycle Dio Drum bearing registration No.TN 06

AB 8397. He further submitted that the vehicle was purchased only for her

daughter-in-law employment purpose, hence, if the vehicle is not returned,

she would be put to irreparable loss and hardship. He further submitted that

if the vehicle is kept for a long time in the open space, it would cause

damage to the vehicle. He further submitted that the vehicle is not involved

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Crl.R.C.No.366 of 2023

in any case similar in nature and the petitioner is ready to give appropriate

guarantee as well as security for return of vehicle and also she will produce

the vehicle, as and when required either before the respondent police or

before the Trial Court. Hence, prayed to return of the vehicle.

5. The learned Government Advocate (Crl.Side) submitted that, the

petitioner is owner of the Hone Motor Cycle Dio Drum bearing registration

No.TN 06 AB 8397 and since the above said vehicle was used to transport

Narcotic drugs, it was seized and hence, he objected to return the vehicle to

him.

6. Heard the learned counsel appearing for the petitioner and the

learned Government Advocate (Crl.Side) appearing for the respondent and I

have perused the materials on record.

7. A perusal of the records shows that, the respondent police

registered a case in Crime No.199/2022 for the offences under Sections

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Crl.R.C.No.366 of 2023

8[c], 22[b], 25 and 29[i] of Narcotic Drugs and Psychotropic Substances

Act 1985 with regard to transportation of narcotic drugs. Further, it reveals

from the records that the son of the petitioner is the accused in this case