IN THE HIGH COURT OF JUDICATURE AT MADRAS
HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI
M.A.Fathima Khan – Appellant
Versus
The State of Tamilnadu Thro – Respondent
No.4 and is alleged to have been involved in the possession and dealing of ganja and also in possession of a weapon covered by the Arms Act. During the course of the investigation, the said Accused No.4 is stated to have made a confession that he had used the petitioner’s Yamaha R15 motorcycle for the purpose of the alleged NDPS offence. Based solely on such statement, the respondent police seized the petitioner’s motorcycle, treating it as a conveyance involved in the commission of the said offences. The petitioner asserts that she herself was not present at the time of occurrence, that she was not found in possession of any contraband, and that there is no allegation of knowledge or connivance on her part.
4. She further states that the investigation, as per the prosecution, is almost completed and that the requirement of the vehicle for the purpose of investigation is practically over. The petitioner complains that her motorcycle is presently lying in the open at the police station or at some open yard, directly exposed to rain, sunlight, and other natural elements and, consequently, undergoing continuous deterioration in its mechanical condition and market value. She submits tha
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