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2026 Supreme(Online)(Mad) 59930
IN THE HIGH COURT OF JUDICATURE AT MADRAS
D. Bharatha Chakravarthy, J
G.Prasanth – Appellant
Versus
The Superintendent of Police – Respondent
CRL OP No. 17293 of 2026
For the Appellants/Petitioners: T. Balachandran
For the Respondents: R. Rajasekaran
A vehicle seized in a criminal case must undergo necessary RTO inspection and be produced before the Jurisdictional Magistrate before the owner can seek interim custody through appropriate legal applications.
Headnote:The petitioner filed a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) seeking the return of a Royal Enfield motorcycle seized in connection with Crime No. 93/2026. The respondent authorities contended that the vehicle was involved in an accident and the petitioner had failed to produce the original Registration Certificate (RC) and other necessary documents required for RTO inspection. The primary issue was whether the vehicle could be handed over directly to the petitioner or if specific procedural requirements for inspection and judicial production must be met first. The court observed that the vehicle must first undergo inspection by the RTO and subsequently be produced before the Jurisdictional Magistrate. The petition is disposed of directing the petitioner to produce all original documents within two weeks, after which the vehicle shall be produced before the Jurisdictional Magistrate for the petitioner to seek interim custody.
| Table of Content |
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| 1. request for return of seized vehicle. (Para 1) |
| 2. requirement of documentation for rto inspection. (Para 2 , 3) |
| 3. procedure for production before magistrate for interim custody. (Para 4) |
Prayer: This petition is filed under section 528 of BNSS to direct the respondents to hand over the petitioner vehicle in bearing No.TN 15 MJ 6696 Royal Enfield Bike in connection with Crime No.93/2026 on the file 3rd respondent police and also consider the petitioner representation dated 18-5-2026 and pass such further order or other order and thus render justice.
ORDER
This petition is filed to direct the respondent to hand over the petitioner’s vehicle bearing No. TN-15-MJ-6696 Royal Enfield motor cycle.
2. When the matter came up for hearing today the learned counsel appearing for Government of Tamil Nadu submits that the vehicle was involved in an accident relating to Crime No.93 of 2026. He further submits that the petitioner is not co-operating by not producing original RC book and other copies of the vehicle. So that it can be forwarded to the RTO for inspection of the vehicle and after inspection it can be produced before the Court and it is for the petitioner to file appropriate application for return of the vehicle.
3. The learned counsel for the petitioner would submit that the petitioner is ready to co-operate for the same.
4. In view thereof, this Criminal Original petition is disposed of on the following terms:
a. Within a period of two weeks from the date from the date of receipt of the web-copy of this order, the petitioner shall appear before the 3rd respondent and produce the originals of RC Book, Insurance and all the other documents that are requested by the 3rd respondent including the driving licence of the rider of the vehicle. Immediately thereafter steps shall be taken to cause the inspection of the vehicle as expeditiously as possible.
(b) After completing the said procedure, the vehicle shall be produced before the Jurisdictional Magistrate. Upon production of the vehicle it is for the petitioner to seek interim custody of the vehicle in the manner known to law.
