The right to property and its return when evidence is pending review by forensic authorities.

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :13.10.2025 CORAM THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI Crl.R.C. No.2012 of 2025 Mr.M. Haroon Rasheed ...Petitioner Vs State of Tamilnadu Rep by Inspector of Police N-3 Muthialpet Police Station, Chennai Crime No.318 of 2022 ..Respondent Prayer: This Criminal Revision petition is filed under Section 438 and442 of the BNSS,2023 to set aside the order passed in Crl.M.P.No.532 of 2025 dated 13.02.2025 on the file of Metropolitan Magistrate Court, George town at Chennai and pass orders.

For Petitioner : Mr.A. Ganesh

O R D E R

This criminal revision has been filed to set aside the order passed in Crl.M.P.No.532 of 2025 dated 13.02.2025 on the file of the Metropolitan Magistrate Court, George town at Chennai.

2.The facts of the case is that the petitioner has filed a petition under section 497 of BNSS Act for return of property and the same was dismissed vide order dated 13.02.2025. Challenging the same the petitioner has filed this petition.

3. The learned counsel for the petitioner submitted that the goods were only seized on suspicion and if any incriminating evidence was found, the petitioner would have been called for further investigation and fresh FIR would have been filed against the petitioner rather retaining the property. He also submits that as the properties are seized for a indefinite period, it would get destroyed, decayed and deteriorated. Hence, prays to allow this petition.

4. The learned Government Advocate would submit that the properties alleged to be seized by the respondent from the petitioner are all electronic gadgets and only few of them are non electronic items. It is seen that all the properties were sent to forensic science lab for analysis and the result of the same is not yet received and also the properties also not return back to the lower Court after analysis.

5. Heard both sides and perused the materials available on record.

6. On a perusal of records it is seen that that the properties was sent for foresnic science lab and they have not received the report till date. Hence, this Court directs the respondent to get the report within a period for three weeks from the date of receipt of a copy of this order. The respondent is further directed to handover the articles only based upon the report. 7. The petitioner is directed to file a appropriate application within a period of two weeks from the date of receipt of the report before the Trial Court as per the manner known to law.

8. With the above directions, this Criminal Revision case is allowed and the order passed in Crl.M.P.No.532 of 2025 on 13.02.2025 on the file of Metropolitan Magistrate Court, George town at Chennai is hereby set aside.

Index : Yes/No 13.10.2025 Internet : Yes/No Speaking/Non-speaking Order smn To.

1. The Inspector of Police N-3 Muthialpet Police Station, Chennai