Monisha v. State Rep. By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.09.2025
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Mrs.Monisha ....
Petitioner Vs State Rep. By The Inspector of Police, F-2, Egmore Police Station, Chennai.
....
Respondent PRAYER: Criminal Revision Case filed under Section 438 r/w. Section 442 of B.N.S.S., to call for the records pertains to the order dated 07.08.2025 made in Crl.M.P.No.4945 of 2025 on the file of the II Additional Special Judge for Exclusive trial of cases under NDPS Act, Chennai and set aside the same and direct the respondent police to return the car bearing No.TN 12 BH 6401 (Hyundai i20 Sports Dark Blue Colour) to the petitioner.
For Petitioner :
Mr.K.Kannan For Respondent :
Dr.C.E.Pratap Government Advocate (Crl. Side)
ORDER
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This Criminal Revision Case has been filed to set aside the order dated 07.08.2025 made in Crl.M.P.No.4945 of 2025 on the file of the II Additional Special Judge for Exclusive trial of cases under NDPS Act, Chennai and consequently, direct the respondent police to return the car bearing No.TN 12 BH 6401 (Hyundai i20 Sports Dark Blue Colour) to the petitioner.
2.Learned counsel appearing for the petitioner submitted that the petitioner's husband has a brand new car and A3's friend has requested petitioner's husband to give him a car to go for a ride. Believing his version, the petitioner's husband handed over the car. He further submitted that the petitioner came to know that their car was utilized for transporting contraband after the car was seized and informed by the respondent police. It is the specific contention of learned counsel for the petitioner that neither the petitioner nor her husband is arrayed as accused in this case. If the car is being kept in open air and sunlight, it would be valueless. 3.Per contra, the learned Government Advocate (Criminal Side) 2/6
appearing for the respondent/State raised serious objection for allowing this petition. He further submitted that 700 grams of methamphetamine and 6.600 grams of ganja were seized in this case. The car bearing No.TN 12 BH 6401 (Hyundai i20 Sports Dark Blue Colour) was utilized for selling contraband and hence, the above car was seized along with other materials from the accused persons.
4.Heard learned counsel appearing for the petitioner and learned Government Advocate (Criminal Side) appearing for the respondent and perused the materials available on record.
5.Considering facts and circumstances of the case and the submission made by the learned counsel on either side, this Court is of the view that the petitioner may approach the Drug Disposal Committee for return of vehicle. 6.It is a settled proposition that if the vehicle is involved in NDPS Act, they have to approach the Drug Disposal Committee. Therefore, the Authorities take into consideration of the above facts and disburse the 3/6
vehicle if any application is filed on merits. 7.With the above observations, this Criminal Revision is disposed of. 15.09.2025 Index : Yes/No : Yes/No Speaking/non-speaking order pam 4/6
To
1. II Additional Special Judge for Exclusive trial of cases under NDPS Act, Chennai.
2.The Inspector of Police, F-2, Egmore Police Station, Chennai.
3.The Public Prosecutor, High Court of Madras.
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T.V.THAMILSELVI, J.
pam 15.09.2025 6/6