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2025 Supreme(Online)(Mad) 70904

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mrs.Justice T.V.THAMILSELVI
MOHANAVEL – Appellant
Versus
The Inspector of Police – Respondent


Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  • The court has recognized that the owner of a vehicle that has been seized is entitled to seek its release, especially if they are not an accused in the case (!) (!) (!) .

  • The court previously directed the petitioner to approach the Drug Disposal Committee for the release of the seized vehicle, but now considers that the vehicle owner has a right to seek interim custody through judicial proceedings (!) (!) (!) .

  • The petitioner, being the owner and not an accused, can apply for the release of the vehicle, provided certain conditions are met, including executing a personal bond, depositing the original RC Book, and agreeing not to alienate or alter the vehicle (!) (!) (!) (!) (!) (!) .

  • The original RC Book of the seized vehicle shall be deposited with the Magistrate and not handed over to the petitioner until the conclusion of the trial (!) .

  • The vehicle should be photographed at the petitioner’s expense, and a list of photographs must be signed by the petitioner (!) .

  • The petitioner must produce the vehicle before the court and police as required, and any breach of these conditions will result in the cancellation of the release order (!) .

  • The court emphasizes that vehicles involved in certain offenses, such as those under narcotics laws, should be handled through the appropriate disposal mechanisms, but also recognizes the owner’s right to apply for release if conditions are satisfied (!) (!) (!) .

  • The court directs that the authorities consider applications for release within three weeks from the receipt of a proper application, based on the merits of the case (!) .

  • The order is to be implemented with modifications to previous orders, ensuring the conditions for release are clearly specified and adhered to (!) (!) .

  • Overall, the court aims to balance the rights of the vehicle owner with the statutory procedures involved in cases related to seized vehicles, especially in the context of narcotics law enforcement (!) (!) (!) .

Please let me know if you require a more detailed analysis or specific legal advice.


T.V.THAMILSELVI, J.

Today, the matter is listed under the caption “for being mentioned“ at the instance of the learned counsel for the petitioner.

2. The learned counsel for the petitioner submitted that this Court, by order dated 18.09.2025, directed the petitioner to approach the Drug Disposal Committee for release of his lorry, which was seized by the respondent Police. However, the learned counsel by relying on the judgment of the Supreme Court in Denash vs. State of Tamil Nadu reported in 2025 (3) MWN (Cr.) 393 (SC) submitted that this Court is empowered to grant order in respect of releasing the vehicle. The relevant portion of the said judgment reads as follows: “29. Accordingly, we have no hesitation in holding that the Rules of 2022 cannot be interpreted as divesting the Special Courts of their jurisdiction to entertain an application for Interim custody of release of a seized conveyance under Sections 451 & 457 of Cr.P.C. [Sections 497 and 503 of BNSS]. The authority of the Special Court to pass Appropriate Orders for Interim custody during the pendency of the trial, as well as to make final determination upon its conclusion, continues to operate independently of the dispos

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