The Intelligence Officer v. A.Ahamed Basha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.07.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN The Intelligence Officer, Directorate of Revenue Intelligence, Chennai Zonal Unit, 27, G.N.Chetty Road, T.Nagar, Chennai - 600 017.

...Petitioner

Vs.

Mr.A.Ahamed Basha, S/o. Mr.Ansar Basha, No.34/06, Venkat Iyer Street, Thambu Chetty Bus Stand, Opp. Maadipoonga, Broadway, Chennai - 600 001.

... Respondent PRAYER: Criminal Revision Petition filed under Section 438 r/w. 442 of BNSS, 2023, to set aside the order dated 06.06.2025 in Crl.M.P.No.1016 of 2025 in CC No.120/2025 in R.R.No.46/2024 (Pending on the file of I Additional NDPS Court, Chennai) in F.No.DRI/CZU/VII/48/ENQ-01/INT31/2024 (on the file of Intelligence Officer, DRI, Chennai). For Petitioner : Mr.P.Vishnu Special Public Prosecutor For Respondent : Mr.O.Chembulingam

ORDER

This revision has been preferred as against the order dated 06.06.2025 in Crl.M.P.No.1016 of 2025 in CC No.120/2025 in R.R.No.46/2024 (Pending on the file of I Additional NDPS Court, Chennai) in F.No.DRI/CZU/VII/48/ENQ-01/INT-31/2024 (on the file of Intelligence Officer, DRI, Chennai), thereby allowing the petition filed by the respondent for the return of vehicles: Benz Car bearing Reg.No.TN 04 BD 9363 and Toyota Innova Crysta bearing Reg.No.TN 04 BD 1769.

2. The respondent is an accused in R.R.No.46/2024 registered for the offence punishable under Section 9A r/w. 25A, 28 and 29 of the NDPS Act alleging that the he was found in possession of 112.069 kgs of Pseudoephedrine. Therefore, the petitioner had registered a FIR against the respondent and arrested and remanded him to judicial custody. In pursuant to the registration of FIR the contraband and the vehicles owned by the petitioner were also seized from the respondent. The respondent being the owner of the vehicles filed petition and the same petition was allowed. Aggrieved by the same, the present revision has been filed.

3. The learned Special Public Prosecutor appearing for the petitioner

would submit that the aforesaid vehicles were purchased from the crime proceeds. In order to recover the crime proceeds the vehicles were seized by the petitioner.

4. Though the respondent is an accused and he was found in possession of 112.069 kgs of Pseudoephedrine, the vehicles owned by the respondent were not involved in the said offence. Even according the prosecution, the petitioner had purchased the said vehicles from crime proceeds. Therefore, the trial Court has rightly ordered to return the vehicle and this Court find no illegality or infirmity in the order passed by the trial Court.

5. In view of the above observation, this Criminal Revision Case is dismissed.

31.07.2025 Index : Yes/No : Yes/No Speaking/non-speaking order bkn G.K.ILANTHIRAIYAN, J.

bkn To

1. The I Additional NDPS Court, Chennai.

2. The Public Prosecutor, Madras High Court.

31.07.2025