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Madras High CourtCRL RC/2322/2025allowed

A.Kumaran v. The State Of Tamilnadu

2025-11-10Honourable Mrs.Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-11-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. A.Kumaran S/o.S.Anbalagan, No. 10/7, Vijaya Balaji Bhawan, Subburayan Street, Nungambakkam, Chennai - 600 002.

Petitioner(s) Vs

1. The State of Tamilnadu Rep. by The Inspector of Police, V3 J J Nagar Police Station, (Crime No.

728/2024) Respondent(s) PRAYER To set aside the impugned order dt. 25.08.2025 made in Crl.M.P.No. 5052/2025 on the file of the Ld. Principal Special Court under EC and NDPS, Chennai. For Petitioner(s):

N.Baaskaran A.Balamurugan R.Sathish Kumar For Respondent(s):

Dr.C.E. Pratap Government Advocate (Crl.

Side)

ORDER

This Criminal Revision Case has been filed to set aside the impugned order dated 25.08.2025 made in Crl.M.P.No. 5052/2025 on the file of the Principal Special Court under EC and NDPS, Chennai.

2. On 03.11.2024, based on the secret information, the respondent police went to the E.B. Park, Mogappair East and found one Karithikeyan with possession of LSD Stamp and based on his confession the respondent police arrested other accused persons for the offence under Section 8(c) r/w 22(c) and 29(1) r/w 20(b)(ii) of NDPS Act, 1985 in crime No. 728 of 2024 and also seized Apple I Phone 15 Pro Max(256GB)/A3105 IMEI/IMEID: 359960731873446. Thereafter, the petitioner herein filed Crl.MP. No. 5052 of 2025 on the file of the Principal Special Court under EC and NDPS Act, Chennai, for return of above said I Phone. On hearing both sides the Trial Court dismissed the said petition. Challenging the same, the petitioner filed this Criminal Revision Case.

3. Heard both sides.

4. Considering the facts of the case, the investigation is almost completed in this case. Hence, this Court is inclined to return Apple I Phone 15 Pro Max(256GB)/A3105 IMEI/IMEID: 359960731873446 to the petitioner. Accordingly, the order passed in Crl.MP. No. 5052 of 2025 by the Principal Special Court under EC and NDPS Act, Chennaim, is hereby set aside. The Principal Special Court under EC and NDPS Act, Chennai, is directed to return Apple I Phone 15 Pro Max(256GB)/A3105 IMEI/IMEID: 359960731873446 to

to the petitioner, forthwith on the following conditions:- (i) the petitioner is directed to execute an own bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) to the satisfaction of the concerned Magistrate to the credit of Crime No.728 of 2024 pending on the file of the respondent police.

(ii) the petitioner shall deposit the original certificate of the cell phone with the concerned Magistrate.

(iii) the seized item should be photographed at the cost of the petitioner herein and a list is to be prepared and the same is to be signed by the petitioner. (iv) the petitioner shall produce the Cell before the Court and before the respondent police as and when required;

(v) If any of the conditions are violated, this order automatically stands cancelled.

5. Accordingly, the Criminal Revision Case stands allowed. 10-11-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Principal Special Court under EC and NDPS Act, Chennai. 2.The Public Prosecutor, High Court, Madras.

T.V.THAMILSELVI J.

pbl CRL RC No. 2322 of 10-11-2025