Johnat K Johnson v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.07.2025 CORAM :

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Johnat K Johnson ... Petitioner Vs.

The State Rep. by The Inspector of Police, NIB CID Police Station, Salem District.

(Crime No.18 of 2024) ... Respondent Prayer : Criminal Revision Case filed under Section 438 r/w 442 of B.N.S.S., pleased to set aside the impugned order passed by the Special Judge, Exclusive Trial of Cases under NDPS Act, Salem on 05.02.2025 in Crl.M.P.No.1872 of 2024 in Spl.C.C.No.180 of 2024 on the file of the respondent, allow the revision petition, consequentially grant interim custody of the vehicle HYUNDAI VERNA 2012 Model Crystal White bearing Registration No.KL-07-BV-2029 bearing Engine No.D4FBCU125688 and Chassis No.MALCU41ULCM071295E. For Petitioner : Mr.S.Chetan Prakash For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side) ***** Page No.1 of 4

ORDER

This Criminal Revision Case has been preferred against the order dated 05.02.2025 passed in Crl.M.P.No.1872 of 2024 by the learned Special Judge, Exclusive Trial of Cases under NDPS Act, Salem, thereby dismissing the petition for return of property.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The petitioner is the owner of the vehicle bearing Regn.No.KL07-BV-2029. It is alleged that the accused persons A1 to A3 transported 55 kilograms of Ganja in the petitioner's vehicle. The contraband was recovered and the vehicle was also seized from the accused, pursuant to the registration of the FIR in Crime No.18 of 2024 for the offences punishable u/s 8(c), 20(b)(ii)(C), 25 and 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985. Though the petitioner is not arrayed as an accused, the vehicle in question very much involved in the commission of the offence and the confiscation proceedings have been initiated in respect of the said vehicle. Therefore, the Trial Court rightly dismissed the petition seeking return of vehicle. Page No.2 of 4

4. In view of the above, this Court finds no infirmity or illegality in the order dated 05.02.2025 passed in Crl.M.P.No.1872 of 2024 by the learned Special Judge, Exclusive Trial of Cases under NDPS Act, Salem.

5. Accordingly, this Criminal Revision Case stands dismissed. 16.07.2025 Index : Yes / No Speaking order / Non-speaking order NCC : Yes / No sp To 1.The Special Judge, Exclusive Trial of Cases under NDPS Act, Salem.

2.The Inspector of Police, NIB CID Police Station, Salem District.

3.The Public Prosecutor, Madras High Court, Chennai.

Page No.3 of 4

G.K.ILANTHIRAIYAN, J.

sp 16.07.2025 Page No.4 of 4