Madras High CourtCRL OP/22394/2025dismissed

Elumalai v. The State Rep By, The Inspector Of Police,

2025-08-11Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-08-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR

1. Elumalai S/o. Muthu, No. 383, Big Street, Sayanapuram Village, Nemili Taluk, Ranipet District.

Petitioner(s) Vs

1. The state Rep by, The Inspector of Police, D1, Tiruthani police station, Tiruvallur District. (Crime No. 514/2022) Respondent(s) PRAYER Criminal Original Petition filed under section 528 of BNSS to call for the records pertaining to the order dated 09.06.2025 passed by Hon'ble Principal special Court under EC and NDPS Act Chennai in Crl.MP.No. Un Number of 2025 and to set aside the same and consequently direct the respondent to return the vehicle bearing No.TN-73-AW-3960 (TATA NEXON), Engine Number 5CR05NYXW22207, Chassis Number MAT627128MLP89646 in Crime No. 514 of 2022 to the petitioner.

For Petitioner(s):

R.Thirumoorthy For Respondent(s):

Mr.R.Vinodhraja, Government Advocate [Crl.Side]

ORDER

This Criminal Original Petition has been filed seeking direction to the trial Court to number the petition filed by the petitioner for return of the vehicle and direct the respondent to return the vehicle to the petitioner.

2. The petitioner has filed a petition for return of the vehicle which has been seized in crime No.514 of 2022 registered for the alleged offences under sections 294[b], 353, 506[2] of IPC and Section 3[1] of PPD Act and subsequently altered to sections 94[b], 353, 506[2] of IPC and Section 3[1] of PPD Act and section 89[c] read with 20 [b] [ii] [B] of NDPS Act for illegal possession of 6kg of Ganja.

3. The trial Court had returned the petition filed by the petitioner on the ground that the another application filed by the petitioner for the same relief was filed in Crl.M.P.No.6134 of 2022 and dismissed and therefore, returned the

petition. The earlier petition filed by the petitioner for return of the vehicle was dismissed on the ground of the objections raised on behalf of the respondents. Hence, I do not find any merits in this petition. However, as the vehicles seized in Criminal Cases involved in NDPS offences, only the Drug Disposal Committee is empowered to release the vehicle, the petitioner is at liberty to file a petition before the said Committee. On such petition being filed, the Committee shall dispose of the petition on its own merits and in accordance with law.

With the above observations, this Criminal Original Petition is dismissed. 11-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes vrc To 1.The Inspector of Police, D1, Tiruthani police station, Tiruvallur District.

N.SATHISH KUMAR J.

vrc CRL OP No. 22394 of 11-08-2025