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2026 Supreme(Online)(Mad) 38509

IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.KUMARAPPAN, J
Aswathi – Appellant
Versus
State Rep.by The Inspector of Police Velakanni Police Station Nagapattinam District – Respondent


Advocates:
For Petitioner(s): Mr.M.Mohamed Azharudeen
For Respondent(s):Mr.R.Kishorekumar Government Advocate (Crl.Side)

Table of Content
1. vehicle seized in prohibition offense investigation. (Para 1 , 2 , 6)
2. petitioner is non-accused owner, daughter of accused. (Para 3 , 4 , 5 , 7 , 8)
3. hypothetical misuse risk insufficient for custody denial. (Para 9)
4. interim custody granted subject to conditions. (Para 10 , 11)

ORDER

The Revision challenges the dismissal of the petitioner’s application seeking return of her vehicle viz., HERO PLEASURE +VX., bearing Reg.No.TN-51-AV-1164, which was seized during the course of investigation in Crime No.423 of 2025 registered for the offences under Section 4(1)(A) of the Tamil Nadu Prohibition (Amendment) Act, 2024.

2. It is the case of the prosecution that the accused in the said case was illegally transporting the Tamil Nadu Government banned liquors packets in quantities of 110 litters and thus committed the offence under Section 4(1)(A)

of the Tamil Nadu Prohibition (Amendment) Act, 2024.

3. It is the specific submission of the learned counsel for the petitioner that she is not an accused in this case and that she is the daughter of the accused and the owner of the property and that the accused has misused the said vehicle. The learned counsel for the petitione

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