Ajay v. Union Of India, Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-10-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI Ajay S/o. Sekar, No.2/64, East Street, Kundaveli (W), Alathipallam Post, Udayarpalayam Taluk, Ariyalur District.
Petitioner(s) Vs Union of India, Rep by Intelligence office, Narcotics Control Bureau, Chennai Zonal unit, Chennai.
Respondent(s) PRAYER To call for the records in Crl.M.P.No.10607 of 2024 dated 11.11.2024 on the file of the Learned Special Judge, I Additional Special Court for Exclsuive Trial of Cases under NDPS Act, Chennai in C.C.No.226 of 2022 in R.R.No.6 of 2022 in NCB F.No.48/1/02/2022- NCB/MDS on the file of the respondent and to set aside the same consequently direct the respondent to return the gold ornaments to the petitioner.
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For Petitioner(s):
Ms.T.Dharani For Respondent(s):
Mr.N.P.Kumar, Special Public Prosecutor For NCB Cases
ORDER
This Criminal Revision Case has been filed challenging the impugned order dated 11.11.2024 passed in Crl.M.P. No.10607 of 2024 by the Special Judge, I Addl. Special Court for Exclusive trial of cases under NDPS Act, Chennai in C.C.No.226 of 2022 in R.R.No.6 of 2022 in NCB F.No.48/1/02/2022-NCB/MDS on the file of respondent police, thereby dismissing the petition filed for return of the gold ornaments property.
2. The petitioner is arrayed as A3 in R.R.No.06 of 2022 in NCB F.No.48/1/02/2022-NCB/MDS on the file of the respondent Police, registered for the offences punishable under Sections 8(c), r/w 22(c), 25, 27A, 28 and 29 of NDPS Act, 1985, alleging that the petitioner along with the other accused have illegally transported 11 kgs. of white crystalline substance believed to be Amphetamine. He would submit that he is the owner of gold ornaments, which was given as shridhana at the time of marriage, but the court below erroneously dismissed the petition that he is not entitled to receive the same, since it was not purchased with legitimate source of money.
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3. The learned Special Public Prosecutor would submit that now the trial was begun and the petitioner is not inclined to cross-examine the witnesses. Hence, he prayed to dismiss this Criminal Revision Case.
4. Heard the learned counsel appearing on either side and perused the materials available on record.
5. A perusal of the records reveals that the gold ornaments were seized under the NDPS Act by the respondent police, wherein 11 kgs. of white crystalline substance believed to be Amphetamine was involved and on the sale proceeds of contraband, the gold ornaments was purchased. Therefore, this Court is not inclined to return the gold ornaments, which were seized by the respondent police, since the same was not purchased with legitimate source of income. Accordingly, the findings rendered by the trial court in Crl.M.P.No. 10607 of 2024 in C.C.No.226 of 2022 is confirmed and this Criminal Revision Case stands dismissed.
08-10-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rpp 3/5
To
1. Special Judge, I Addl. Special Court for Exclusive trial of cases under NDPS Act, Chennai.
2. The Intelligence Officer, Union of India, Narcotics Control Bureau, Chennai Zonal Unit, Chennai.
3. The Public Prosecutor, High Court, Madras. 4/5
T.V.THAMILSELVI J.
rpp CRL RC No. 1961 of 08-10-2025 5/5