Interim custody of seized vehicle granted to prevent deterioration, despite NDPS offence allegations.

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 1^st 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 Principal Special Court for Narcotic Drugs and Psychotropic Substance Act cases, Madurai, and the same was dismissed on

07.03.2026.

3. The petitioner preferred this Criminal Revision Petition as against the order dated 07.03.2026 made in Crl.M.P.No.237 of 2026 on the file of the learned Principal Special Court for Narcotic Drugs and Psychotropic Substance Act cases, Madurai and to set aside the same.

4. Heard the learned counsels on either side and carefully perused the materials available on record.

5. The learned Additional Public Prosecutor appearing for the respondent Mr.S.Ravi, submitted that if the vehicle is returned to the petitioner, there is possibility for the vehicle being used for the commission of similar offence and objected to grant interim custody of the vehicle to the petitioner.

6. The learned counsel appearing for the petitioner would submit that the vehicle bearing Registration No.TN 63 BM 5794 was owned by the petitioner and the same was stolen on 17.11.2022 and the petitioner has lodged a complaint in this regard, based on which Crime No.390 of

2022 was also registered on 05.12.2022. Further submitted that he was not involved in any such offence as alleged by the respondent and if the vehicle is kept in open place, the vehicle will get deteriorated and the value of the vehicle would automatically stand diminished and therefore interim custody may be granted to the petitioner.

7. Considering the fact that if the vehicle is kept in open place exposing to sun and rain, the value of the vehicle will be deteriorated and no purpose will be served in keeping the vehicle in custody, this Court is inclined to allow the revision and thereby setting aside the impugned order dated 07.03.2026 passed in Crl.M.P.No.237 of 2026 by the learned Principal Special Court for Narcotic Drugs and Psychotropic Substance Act cases, Madurai.

8. Accordingly, this Criminal Revision Case is allowed and the order dated 07.03.2026 passed in Crl.M.P.No.237 of 2026 by the learned Principal Special Court for Narcotic Drugs and Psychotropic Substance Act cases, Madurai, is hereby set aside and the vehicle viz., TVS Jupiter 125 bearing registration No.TN 63 BM 5794, is ordered to be returned to the petitioner for interim custody subject to the confiscation proceedings to be taken by the concern Department or by the Court on the following conditions:-

(a)the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties for a likesum to the satisfaction of the learned Principal Special Court for Narcotic Drugs and Psychotropic Substance Act cases, Madurai ;

(b)The petitioner shall deposit the copy of RC Book of the vehicle before the learned Principal Special Court for Narcotic Drugs and Psychotropic Substance Act cases, Mad