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2026 Supreme(Online)(Mad) 56987
IN THE HIGH COURT OF JUDICATURE AT MADRAS
D. Bharatha Chakravarthy, J
Prabu – Appellant
Versus
State Rep. By, The Inspector of Police – Respondent
CRL OP No. 16362 of 2026
For the Appellants/Petitioners: G. Nirmal Krishnan
For the Respondents: R. Rajasekaran
Interim return of property seized under the Prohibition Act is subject to the completion of mandatory confiscation proceedings conducted following due process of law.
Headnote:The petitioner sought the interim return of a vehicle (Maruthi Wagon R) seized in connection with a crime under the Prohibition Act, challenging orders from the District Munsif cum Judicial Magistrate and the Principal District and Sessions Court. The petitioner contended that as the owner, the property should be returned to prevent deterioration. The primary issue was whether the vehicle should be returned pending trial while confiscation proceedings under the Prohibition Act are ongoing. The court observed that since confiscation proceedings had been initiated, the outcome of those proceedings must first be determined following due legal process. The petition was disposed of with directions to complete the confiscation proceedings within four weeks, after which the Trial Court shall consider the return of property under section 503 of BNSS if not confiscated.
| Table of Content |
|---|
| 1. challenge against refusal of interim return of seized vehicle to prevent property rotting. (Para 1 , 2) |
| 2. priority of confiscation proceedings in offences under the prohibition act. (Para 3) |
| 3. procedure for completion of confiscation and subsequent consideration for return of property. (Para 4) |
PRAYER
This Criminal Original Petition filed under Section 528 of BNSS, seeking to call for the records and set aside the order dated at 23.03.2026 in Crl.R.C.No.01/2026 by the Learned Principal District and Sessions Court, Ariyalur confirming the order passed in Crl.M.P.No.817/2025 by the learned District Munsif Cum Judicial Magistrate, Sendurai and consequently direct the Principal District and Sessions Court, Ariyalur to release the vehicle bearing Registration No.TN 61 L 5267, Chassis No.MA3EWDE1SOOCO2053, Engine No.10BN4856603 (Maruthi Wagon R VXI O BSIV).
ORDER
This Criminal Original Petition is filed challenging the impugned orders passed by the learned District Munsif cum Judicial Magistrate in Crl.MP.No.817 of 2025 refusing to grant return of the property pending trial and the order passed in Crl.R.C.No.1 of 2026 by the learned Principal District and Sessions Court, Ariyalur, dismissing the Revision Petition filed by the petitioner.
2. Upon hearing the learned counsel for the petitioner and perusing the material records of the case, the grievance of the petitioner is that when the petitioner’s vehicle bearing Registration Number TN 61 L 5267 is seized pursuant to Crime No.118 of 2025 and the petitioner being the owner of the vehicle, sought for the interim return pending trial, the same is now refused and the orders are liable to be interfered with by this Court as already it is settled law that as far as possible the property has to be returned to the owner, otherwise the same would result in rotting of the property.
3. Per contra, the learned counsel for the Government of Tamilnadu (Crl. Side) would submit that the offence is one under the Prohibition Act and already proceedings are initiated for confiscation.
4. In view thereof, this Criminal Original Petition stands disposed of on the following terms:
i. the petitioner shall appear before the Additional District Superintendent of Police, Ariyalur on 13.07.2026 at about 10:30 a.m and the showcase notice, if any already initiated shall be served on the petitioner;
ii. after hearing the due objections from the petitioner and following the procedure as mandated under law, the confiscation proceedings shall be completed within a period of four weeks therefrom;
iii.depending on the outcome of the proceedings, the petitioner will be entitled for other reliefs.
iv. if the property is not confiscated, the petitioner shall produce a web copy of this order before the Trial Court and the Trial Court shall consider the return of property pending trial as per the provisions of section 503 of BNSS.
