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IN THE HIGH COURT OF JUDICATURE AT MADRAS
L. Victoria Gowri, J
Shanmugam – Appellant
Versus
State of Tamilnadu Rep by Inspector of Police, Thoothukudi Nibcid Police Station, Thoothukkudi District – Respondent
| Table of Content |
|---|
| 1. petition challenges dismissal of vehicle release application in ndps case. (Para 1 , 2 , 3) |
| 2. court weighs vehicle deterioration against retention purpose. (Para 4 , 7) |
| 3. prosecution opposes custody; petitioner claims theft and deterioration. (Para 5 , 6) |
| 4. revision allowed with conditions for interim custody. (Para 8) |
ORDER
This Criminal Revision Petition is filed to call for the records relating to the order of the learned Principal Special Court for Narcotic Drugs and Psychotropic Substance Act cases, Madurai, in Cr.M.P.No. 237 of 2026 dated 07.03.2026 filed by the petitioner under Section 497 of BNSS and set aside the same as illegal and entrust the custody of the vehicle to the petitioner and allow the above Criminal Revision Petition.
2. The case of the prosecution is that the 1st respondent filed a FIR in Crime No.7 of 2023 for an alleged offence under Section 8(c) r/w 20(b)(ii)(B), 25 and 29(1) of the NDPS Act, for illegal transportation of Ganja through TVS Jupiter 125 bearing registration No.TN 63 BM 5794. Subsequently, the petitioner's vehicle was seized. Thereafter, the petitioner filed Crl.M.P.No.237 of 2026 for the return of vehicle before the learned
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