IN THE HIGH COURT OF JUDICATURE AT MADRAS
HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI
K.Vanjinathan – Appellant
Versus
The State of Tamil Nadu – Respondent
was seized along with contraband, and was treated as case property /
conveyance used in the commission of the alleged NDPS offence.
3. The case materials indicate that the motorcycle belongs to the present petitioner, who had given it to Accused No.1. The prosecution does not say that the petitioner is an accused; its objection is based on the use of the vehicle by Accused No.1. It is further stated in the reply that on 17.12.2024, Accused No.3 / Kamesh was also arrested and examined; from the statements of accused persons, the police infer that Accused No.1 used the vehicle bearing registration No.TN-59-DY-0639 for selling ganja. The Accused No.1 has been released on bail, but the vehicle remains in station custody.
4. The prosecution contends that if the motorcycle is handed over to the petitioner, there is a likelihood that he may: help the accused to re-engage in similar NDPS activities using the vehicle; and sell the vehicle, thereby defeating any future order of confiscation. On these bases, the prosecution strongly objects to interim release of the vehicle.
Case of the Petitioner:
5. The petitioner’s case, as set out in Crl.M.P.No.564 of 2025 and reiterated before this Court, is
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