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2026 Supreme(Online)(Mad) 48932
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Victoria Gowri, J
Vargheese – Appellant
Versus
State of Tamilnadu – Respondent
CRL RC(MD). No.864 of 2026
For the Appellants/Petitioners: V. Malaiyendran
For the Respondents: D.Rajaboopathy
The interim custody of a vehicle seized in criminal proceedings should be granted to the owner if continued detention causes unnecessary deterioration, subject to conditions ensuring the vehicle's availability for confiscation and preventing its future misuse.
Headnote:The present case involves an application for the interim custody of a motor vehicle seized pursuant to an FIR filed under the Tamil Nadu Prohibition Act and the Narcotic Drugs and Psychotropic Substances Act. The petitioner sought the return of the vehicle, arguing that leaving it exposed to the elements would cause deterioration and significant loss of value. The primary issue before the Court was whether the vehicle should remain in police custody during the pendency of the investigation or be released under conditions to protect its value. The Court observed that keeping the vehicle in an open space serves no useful purpose and leads to physical decay, which is contrary to judicial policy regarding seized property. The High Court allowed the revision petition, set aside the trial court's dismissal order, and directed the release of the vehicle to the petitioner subject to specific conditions, including a non-refundable deposit and a commitment against future illegal use.
| Table of Content |
|---|
| 1. procedural background of the petition for interim custody of a seized vehicle. (Para 1 , 2 , 3) |
| 2. parties' contentions regarding the release and potential misuse of seized vehicles. (Para 4 , 5 , 6) |
| 3. court's discretion to prevent property deterioration and grant interim release with conditions. (Para 7 , 8) |
PRAYER :-
This Criminal Revision Case is filed to call for the records pertaining to the order dated 05.08.2025 in Crl.M.P. No. 2834 of 2025 on the file of the Principal Special Court for NDPS Act Cases / Learned Judicial Magistrate No.III, Tirunelveli and set aside the same.
ORDER
This Criminal Revision Case is filed to call for the records pertaining to the order dated 05.08.2025 in Crl.M.P. No. 2834 of 2025 on the file of the Principal Special Court for NDPS Act Cases / Learned Judicial Magistrate No.III, Tirunelveli and set aside the same.
2. The case of the prosecution is that the respondent filed an FIR in Crime No.199 of 2025 for an alleged offence under Sections 4(1)(C), 4(1)(A)TNP Act and 8(C), 20(b)(ii)(A) NDPS Act and Section 77 of JJ Act, for illegal transport of 82 grams of Ganja by a vehicle Yamaha UT-15 bearing registration No.TN 79 P 2551. Subsequently, the petitioner's vehicle was seized. Thereafter, the petitioner filed Crl.M.P.No.2834 of 2025 for the return of vehicle before the learned Judicial Magistrate No.III, Tirunelveli, and the same was dismissed on 05.08.2025.
3. The petitioner preferred this Criminal Revision Petition as against the order dated 05.08.2025 made in Crl.M.P.No.2834 of 2025 on the file of the learned Judicial Magistrate No.III, Tirunelveli, 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 79 P 2551 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 05.08.2025 passed in Crl.M.P.No.2834 of 2025 by the learned Judicial Magistrate No.III, Tirunelveli.
8. Accordingly, this Criminal Revision Case is allowed and the order dated 05.08.2025, passed in Crl.M.P.No.2834 of 2025 by the learned Judicial Magistrate No.III, Tirunelveli, is hereby set aside and the vehicle viz., Yamaha UT-15 bearing Registration No.TN 79 P 2551, 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.50,000/- (Rupees Fifty Thousand only) as non-refundable deposit for the said vehicle to the credit of MANGAYAR MANGALAM, Account No. 12730100005505, IFSC Code : BARB0EGMORE (5th digit zero) Egmore Branch, Chennai;
(b) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only), with two sureties for a likesum to the satisfaction of the learned Judicial Magistrate No.III, Tirunelveli;
(c) The petitioner shall produce the original RC Book of the vehicle before the learned Judicial Magistrate No.III, Tirunelveli. If the original RC Book is in the cus
