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2026 Supreme(Online)(Mad) 38508

IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.KUMARAPPAN, J
Sasikumar – Appellant
Versus
State by The Station House Officer Prohibition Enforcement Wing Villupuram Police Station Villupuram – Respondent


Advocates:
For Petitioner(s): Mr.C.Pushparaj
For Respondent(s):Mr.R.Kishorekumar Government Advocate (Crl.Side)

Table of Content
1. vehicle seized in prohibition offence investigation. (Para 1 , 2 , 5)
2. non-accused owner seeks interim custody. (Para 3 , 4 , 6 , 7)
3. hypothetical misuse risk insufficient for denial. (Para 8)
4. interim custody granted on conditions. (Para 9 , 10)

ORDER

The Revision challenges the dismissal of the petitioner’s application seeking return of his vehicle viz., PULSAR 150 DTS I, BLACK DECAL BLUE, bearing Reg.No.TN-19-AQ-3567, which was seized during the course of investigation in Crime No.36 of 2026 registered for the offences under Section 4(1)(C) of the Tamil Nadu Prohibition (Amendment) Act and Section

14A of TNP Act.

2. According to the prosecution, the accused was illegally transporting of

11 Courried Napoleon Brandy 750 ML and thus committed the offence under Section 4(1)(C) of the Tamil Nadu Prohibition (Amendment) Act and Section

14A of TNP Act.

3. It is the specific submission of the learned counsel for the petitioner that he is not an accused in this case and that he is the owner of the property and the accused has misused the said vehicle. The learned counsel for the petitioner would further submit that the learned Magistrate has dismissed the application on a

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