Chitra v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-02-2026

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Chitra W/o.Shankar, 62, Thamma Street, Adhiperamnur, Tirupattur - 635852.

... Petitioner(s) Vs.

State by The Inspector of Police, Natrampalli Police Station, Tirupattur District.

Crime No.389 of 2025

...Respondent(s)

PRAYER: Criminal Revision Case is filed under Section 438 r/w 442 of BNSS, 2023, to call for the records of the order passed learned Judicial Magistrate-III, Tirupattur in Crl.M.P.No.4155 of 2025 on 25.11.2025 set aside the same and order to return vehicle, namely, TVS Jupiter bearing registration No.TN 83 MD 7702, engine No.BK4GR1800385, Chasis No.MD626AK40RIG01358 to the custody of the petitioner herein.

For Petitioner(s):

Mr.K.Arumugam For Respondent(s):

Mr.R.Vinothraja Government Advocate (Crl. Side)

ORDER

The revision challenges the dismissal of the petitioner's application filed for the return of her vehicle bearing registration No.TN-83-MD-7702, which was seized during the course of investigation in Crime No.389 of 2025 Page No.1/4

registered against the petitioner's son and two others for the offences under Section 8(c) r/w 20(b)(ii)(A) of NDPS Act, 1985.

2. During the course of investigation in the said Crime No.389 of 2025, the petitioner's vehicle, which was used by the petitioner's son was seized. The petitioner sought for return of the vehicle, which came to be dismissed by the impugned order dated 25.11.2025 passed in Crl.M.P.No.4155 of 2025 on the file of the learned Judicial Magistrate No.III, Tirupattur.

3. The learned counsel for the petitioner would submit that since the petitioner is not an accused; that she is the owner of the vehicle; and that she is entitled to interim custody of the vehicle and prayed for return of vehicle on any stringent condition.

4. The learned Government Advocate (Crl. Side) for the respondent, on instruction would submit that the petitioner is not an accused and she is the owner of the vehicle and no confiscation proceedings have been initiated so far.

5. Admittedly, the petitioner is the owner of the vehicle. The vehicle is lying idle at the police station ever since the date of seizure i.e., 15.11.2025. Page No.2/4

6. Considering all the above facts, this Court is inclined to set aside the impugned order dated 25.11.2025 passed in Crl.M.P.No.4155 of 2025 on the file of the learned Judicial Magistrate No.III, Tirupattur, in Crime No.389 of 2025. Accordingly, the impugned order is set aside and the respondent is directed to hand over the interim custody of the vehicle to the petitioner on the following conditions:- (i) The petitioner shall execute a personal 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, Tirupattur; (ii) The petitioner shall produce the original RC Book along with a self-attested Photostat copy of the RC Book of the vehicle and other relevant records to prove his ownership. The learned Judicial Magistrate No.III, Tirupattur,, shall peruse the RC book and other records, retain a xerox copy of the same and return the original RC book to the petitioner;

(iii) The petitioner shall not alter or alienate the vehicle in any manner;

(iv) The petitioner shall also give an undertaking that he will produce the vehicle as and when required by the respondent and by the Court below.

(v) The return of property would be subject to the result of the confiscation proceedings, if any. Page No.3/4

7. Accordingly, this Criminal Revision Case is allowed. 18-02-2026 mac Index:Yes/No Speaking/Non-speaking order Internet:Yes SUNDER MOHAN J.

Mac To

1. The Judicial Magistrate-III, Tirupattur

2. The Inspector of Police, Natrampalli Police Station, Tirupattur District.

3. The Public Prosecutor, High Court, Madras.

18-02-2026 Page No.4/4