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2026 Supreme(Online)(Mad) 59948
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
R. Vijayakumar, J
Marisvaran – Appellant
Versus
State Of Tamilnadu Rep By In – Respondent
Crl.OP(MD) No.13488 of 2026
For the Appellants/Petitioners: P. Karthikeyam
For the Respondents: B. Arun
A docket order returning an application for the return of a vehicle is liable to be set aside if the trial of the underlying NDPS case falls within the jurisdiction of the Judicial Magistrate due to the small quantity of contraband seized.
Headnote:The petitioner filed a petition under Section 528 of BNSS Act seeking to set aside a docket order dated 16.06.2026 passed by the Judicial Magistrate No1, Thoothukudi, which returned an application for the return of a vehicle. The vehicle, owned by the petitioner but used by his brother, was involved in a case initially registered under Section 304(2) of BNS 2023 and subsequently altered under the NDPS Act. The petitioner is not an accused in the case. The primary issue was whether the application for return of vehicle could be entertained by the Judicial Magistrate given that the FIR was registered under the NDPS Act. The court observed that since only 5 grams of ganja were seized, the case would be tried before the Judicial Magistrate, rendering the return of the application unjustified. With the aforesaid observations, this Criminal Original Petition stands allowed.
| Table of Content |
|---|
| 1. application by a non-accused third party for return of seized vehicle. (Para 1 , 2) |
| 2. jurisdiction of judicial magistrate in ndps cases involving small quantities. (Para 4) |
| 3. setting aside of docket order to allow merit-based disposal of return application. (Para 5 , 6) |
PRAYER:
Criminal Original Petition is filed under Section 528 of BNSS Act , to call for the records and set aside the docket order, dated 16.06.2026 made in unnumbered Crl.M.P. No. of 2026 on the file of the learned Judicial Magistrate No1, Thoothukudi, Thoothukudi District pertaining to Crime No. 492 of 2026 on the file of the respondent police and to number the above said Criminal Miscellaneous Petition.
ORDER
The present petition has been filed by a third party to Cr.No.492 of 2026 on the file of the respondent police seeking to set aside the docket order, dated 16.06.2026, wherein, the application filed by the petitioner for return of vehicle has been returned by the learned Judicial Magistrate No1, Thoothukudi, Thoothukudi District.
2.The petitioner's brother, namely one Sankar had used the petitioner's vehicle, which is involved in a NDPS case. Initially, FUR was registered under Section 304(2) of BNS 2023 , which was later altered under the provisions of the NDPS Act . Admittedly, the petitioner is not an accused person.
4.The application filed by the petitioner for return of the vehicle has been returned primarily on the ground that the FIR was registered under NDPS Act . The learned Government Advocate (Crl.Side) appearing for the respondent pointed out that 5 grams of ganja alone have been seized from the accused persons and therefore, the case would be tried only before Judicial Magistrate.
5.In such circumstances, the impugned docket order, dated 16.06.2026 is set aside and the learned Magistrate is directed to number the same and dispose the same on its own merits and in accordance with law.
6.With the aforesaid observations, this Criminal Original Petition stands allowed.
07.07.2026
NCC : Yes/No
Index : Yes/No
Internet: Yes/No
Note : R egistry is directed to return the original impugned order to the petitioner
PNM
To
1.The Judicial Magistrate No1, Thoothukudi, Thoothukudi District
2.The Inspector of Police,
Muthiahpuram Police Station,
Thoothukudi.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
