Interim custody of a seized vehicle may be granted to the owner to prevent its deterioration and loss of value, subject to conditions and pending confiscation proceedings.

PRAYER : Revision filed under Section 438 r/w 442 of BNSS, 2023 to call for the records and set aside the order passed in Crl.R.No.4 of 2025 on the file of the Principal Sessions Judge, Theni dated 17.02.2026 in Crime No.705 of 2024 on the file of the respondent police and allow this criminal revision petition.

ORDER

This Criminal Revision Petition is filed to set aside the order of the learned Principal Sessions Judge, Theni, in Crl.R.No.4 of 2025 dated 17.02.2026 filed by the petitioner under Section 438 of BNSS of 2023.

2. The case of the prosecution is that the respondent filed an FIR in Crime No.705 of 2024 for an alleged offence under Sections 8[c], 20[b], [ii][A] and 25 of NDPS Act and Section 77 of the Juvenile Justice Act for illegal transport of ganja through TVS Raider Motorcycle Two Wheeler bearing Registration No.TN 60 AK 0357. Subsequently, the petitioner's vehicle was seized. Thereafter, the petitioner filed Crl.R.No.4 of 2025 for the return of vehicle before the learned Principal Sessions Judge, Theni, and the same was dismissed on 17.02.2026.

3. The petitioner preferred this Criminal Revision Petition as against the order dated 17.02.2026 made in Crl.R.No.4 of 2025 on the file of the learned Principal Sessions Judge, Theni, 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 Government Advocate (Criminal side) appearing for the respondent 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 60 AK 0357 is owned by the petitioner and 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 of the vehicle 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 that no purpose will be served in keeping the vehicle in custody, this Court is inclined to allow the revision thereby, setting aside the impugned order dated 17.02.2026 passed in Crl.R.No.4 of 2025 by the learned Principal Sessions Judge, Theni.

8. Accordingly, this Criminal Revision Case is allowed and the order dated 17.02.2026, passed in Crl.R.No.4 of 2025 by the learned Principal Sessions Judge, Theni, is hereby set aside and the vehicle viz., TVS Raider Motorcycle Two Wheeler bearing Registration No.TN 60 AK 0357, is ordered to be returned to the petitioner for interim custody subject to the confiscation proceedings to be taken by the concerned Department or by the Court on the following conditions:-

(a) The petitioner is directed to deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) as non-refundable deposit for the said vehicle to the credit of Mangayar Mangalam, an organization contributing towards underprivileged women and children, A/C No.12730100005505, Branch: Egmore Branch, Chennai, IFSC Code:BARB0EGMORE;

(b) The petitioner shall execute a bond for a sum of Rs.40,000/- (Rupees Fourty Thousand only), with two sureties for a likesum to the satisfaction of the learned Principal Sessions Judge, Theni;

(c) The petitioner shall produce the original RC Book of the vehicle before the learned Principal Sessions Judge, Theni. If the original RC Book is in the custody of t