Noushad Ali v. State Rep. By, Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 16.09.2025

CORAM:

THE HONOURABLE MRS. JUSTICE T.V. THAMILSELVI Crl. R.C. No. 1611 of 2025 Noushad Ali, M/37 years, S/o.Abdul Rasheed, No.6/30, Gobi Road, Kuttampalli Pirivu, Thathanur, Punjaithamaraikulam, Tirupur - 638460.

...Petitioner

Versus

State rep., by Inspector of Police, Peelamedu Police Station, Coimbatore.

... Respondent PRAYER: Criminal Revision Case filed under Section 438 read with Section 442 of BNSS, 2023 against the order dated 11.03.2025 passed by the Additional District / Presiding Officer, Special Court for Essential Commodities Act Case, Coimbatore in C.M.P.No.362 of 2025 in Crime No.654 of 2024 and prays to set aside the same. For Petitioner : Mr. L. Mouli.

For Respondent : Dr. C.E. Pratap, Government Advocate (Crl.Side).

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J U D G M E N T

This Criminal Revision has been filed against the order dated 11.03.2025 passed by the Additional District / Presiding Officer, Special Court for Essential Commodities Act Case, Coimbatore in C.M.P.No.362 of 2025 in Crime No.654 of 2024 .

2.The learned counsel for the petitioner submits that the petitioner was ranked as A1 in Crime No.654 of 2024 and he has filed this application praying for return of his car viz., Maruthi Wagon R VXI BSIV Superior White Colour Car bearing Registration No.KL-53-N2379 which has been seized during the course of investigation. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case and if his vehicle is not handed over to him, it will be damaged. Thus the learned counsel for the petitioner submits that he is ready to abide by any condition and undertakes to produce the said vehicle as and when required and thus, sought for returning the said vehicle.

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3.The learned Government Advocate (Criminal side,) on the other hand, submitted that the petitioner is hailing from Kerala and he has used the said vehicle for illegal transportation of 1.100 kgs of contraband and during the course of investigation, the vehicle as well as the contraband had been seized by the police and if the vehicle is returned, the same will be altered or would be sold to some other offences and will be used for similar kind of offences. Therefore, he raised strong objections for release of the said vehicle to the petitioner. 4.Heard the parties and perused the materials available on record. 5.It is the settled proposition of law that if the seized vehicle is invovled in an offence under the NDPS Act, the parties have to approach the Drug Disposal Committee and this Court has laid down the said position in an authority reported in 2025 (1) LW (Crl), Loyal Johnson Vs. The State, represented by the Inspector of Police, Pomban Police Station.

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6.Accordingly, this petition is disposed of and the parties are directed to approach the Drug Disposal Committee for necessary proceedings as per law.

16.09.2025 ay Index: Yes/No Speaking Order / Non-speaking order To 1.The Public Prosecutor, High Court of Madras, Chennai.

2.The Inspector of Police, Peelamedu Police Station, Coimbatore.

3.The Additional District / Presiding Officer, Special Court for Essential Commodities Act Case, Coimbatore 4/5

T.V. THAMILSELVI, J ay Crl. R.C. No. 1611 of 2025 16.09.2025 5/5