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2025 Supreme(Online)(Mad) 70255

IN THE HIGH COURT OF JUDICATURE AT MADRAS
HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI
Kumaresan – Appellant
Versus
The State of Tamilnadu – Respondent


motorcycle bearing Registration No.PY-01-CA-8142. Upon search, the police allegedly found ganja in intermediate quantity in his possession / in connection with the use of the said motorcycle. The contraband was seized and the motorcycle was treated as the conveyance used for transporting ganja. The vehicle was produced before the jurisdictional Court and is presently kept in the custody of the Court / police and, as is common to such cases, remains in long-term open-area custody, exposed to weather conditions. The investigation is stated to be pending.

Case of the Petitioner:

3. The petitioner contended before the learned Trial Court that he is the registered owner of the Hero Splendor Plus motorcycle bearing Registration No.PY-01-CA-8142. He asserted that the said vehicle is essential for his daily mobility and for his livelihood, inasmuch as it is used by him to commute for work and to attend to his day-to-day affairs. He further pleaded that ever since the seizure, the motorcycle has been lying idle in the premises of the police station without proper maintenance, exposed to rain, sun and other natural elements, resulting in rapid deterioration of its mechanical condition and mark

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