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IN THE HIGH COURT OF JUDICATURE AT MADRAS
A. K. R. Suresh, J
Amoha – Appellant
Versus
The State of Tamilnadu Rep. – Respondent
| Table of Content |
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| 1. seizure of vehicle linked to ndps offences and ownership concern. (Para 6) |
| 2. court denied interim custody due to prosecution's apprehensions. (Para 8 , 10) |
| 3. legal principles for interim custody and vehicle preservation outlined. (Para 18 , 24) |
| 4. speculative fears do not justify denial of property rights. (Para 22 , 27) |
| 5. petitioner entitled to interim custody with conditions. (Para 28 , 30) |
The respondent police, Kenikkarai Police Station, registered Crime No.98 of 2025 for offences punishable under Sections 8 (c) r/w 20(b)(ii) (B)7 and 25 of the NDPS Act, 1985 . According to the prosecution, the accused in the said crime were found in possession / transport of ganja in a quantity falling within the contour of Section 20(b)(ii)(B) (intermediate quantity). The case is that the accused used a Hero Pleasure two-wheeler bearing Reg. No. TN-65-BC-9316 in connection with the commission of the offence. The police seized the said two- wheeler, treating it as a conveyance used in the commission of the NDPS offence, and kept it in station custody as case property.
4. The respondent takes the position that the petitioner is connected with the accused and that the vehicle i
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