M.Latha v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:10.07.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN M.Latha W/o. Mahesh Kumar No.1/152, Adidravidar Street, Duraisamy Naidu Nagar, Chinnamettupalayam, Saravanampatti, Coimbatore.

...Petitioner

Vs.

State rep. by The Inspector of Police, Saravanampatti Town Police Station Coimbatore.

(Cr.No.376 of 2024) ... Respondent PRAYER: Criminal Revision Petition filed under Section 438 r/w. 442 of BNSS, 2023, set aside the order passed in CMP No.2842 of 2025 dated 23.09.2024 on the file of Additional District Judge / Presiding Officer, Special Court for EC/NDPS Act, Coimbatore and direct the respondent herein to release the two wheeler YAMAHA R15 bike bearing Registration No.TN 38 CX 7574, Engine No.G3N4E0116452 and Chassis No.ME1RG6712M0075036 to the petitioner which was seized by the

respondent herein connected with Crime No.376/2024 on the file of the respondent.

For Petitioner : Mr.T.Balaji For Respondent : Mr.A.Gopinath Government Advocate (Crl.side)

ORDER

This Criminal Revision has been filed as against the order dated CMP No.2842 of 2025 dated 23.09.2024 on the file of Additional District Judge / Presiding Officer, thereby dismissing the petition to return the property.

2. The petitioner owned the vehicle YAMAHA R15 bike bearing Registration No.TN 38 CX 7574. A case was registered in Cr.No.376 of 2024 for the offence under Section 8(c), 20(b)(B), 25, 29(1) of NDPS Act, alleging that the petitioner's son along with the other accused was found in possession of 1.1 kg of Ganja. Pursuant to the registration of FIR, the contraband along with the said vehicle was seized and handed over to the custody of the trial Court. The petitioner who is the owner of the vehicle filed an application to return the property. Since the trial Court dismissed the said application, the present revision petition has been filed.

4. The learned Additional Public Prosecutor appearing for the respondent police submitted that in this case confiscation proceedings are initiated as against the said vehicle and the same is pending.

5. Since the confiscation proceedings are pending, this Court is not inclined to allow this revision.

6. Accordingly, this Criminal Revision Case is dismissed. The trial Court is directed to complete the confiscation proceedings within a period of eight weeks from the date of receipt of a copy of this order. The petitioner may be considered to purchase the said vehicle. 10.07.2025 Index : Yes/No : Yes/No Speaking/non-speaking order bkn

G.K.ILANTHIRAIYAN, J.

bkn To

1. The Additional District Judge / Presiding Officer, Special Court for EC/NDPS Act, Coimbatore.

2. The Inspector of Police, Saravanampatti Town Police Station, Coimbatore.

3. The Public Prosecutor High Court, Madras.

10.07.2025