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Madras High CourtCRL RC/672/2026dismissed

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

2026-03-23Honourable Mr.Justice C.Kumarappan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-03-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Rajaram ..Petitioner(s) Vs The State Of Tamilnadu Rep By The Inspector Of Police, P6, Kodungaiyur Police Station, Chennai.

Crime No.742 of 2023.

..Respondent(s) Prayer: This criminal revision petition is filed under Section 438 & 442 of BNSS., to set aside the order passed by the Principal Special Court under EC & NDPS Act, Chennai in Crl.MP.No.5263 of 2024 by order dated 03.07.2024. For Petitioner(s):

Mr.C.H.Srikanth For Respondent(s):

Mr.R.Kishore Kumar Government Advocate (Crl.Side)

ORDER

This present Criminal Revision Petition has been filed challenging the order of the learned Principal Special Court under EC & NDPS Act, Chennai, in Crl.M.P.No.5263 of 2024 dated 03.07.2024, whereby the petition filed by the petitioner was dismissed.

2. The case of the prosecution is that on 23.12.2023 at about 6.30 a.m, on receipt of information regarding the sale of narcotic substances, the respondent police proceeded to the place of occurrence and found the petitioner along with other accused, in possession of 850.2 grams of Nitravet-10 Tablets. It is further alleged that at the time of arrest, the respondent police seized the petitioner's bike and mobile phone. Hence, a case has been registered.

3. The learned counsel for the petitioner submitted that the petitioner's mobile phone has been in the custody of the respondent police for more than 25 months and that the trial is still at an initial stage. He further submitted that the investigation has been completed and a final report has been filed, which has been taken on file in C.C.No.501 of 2024 on the file of Principal Special Court under EC & NDPS Act, Chennai.

4. Per contra, the learned Government Advocate (Crl.Side) strongly opposed the contentions and submitted that the very same impugned order had already been challenged before this Court in Crl.RC.No.1969 of 2024, and by order dated 13.12.2024, this Court had granted limited relief only in respect of the petitioner's electric bike bearing Reg.No.TN04-CE-3487. He further submitted that if the petitioner is still aggrieved by the said order, the appropriate remedy lies in approaching the Hon'ble Supreme Court and not by filing a second revision before this Court.

5. I have given my anxious consideration to the submissions made on either side.

6. It is a well-settled principle of law that a second Criminal Revision Petition against the very same impugned order is not maintainable. In the present case, the impugned order has already been challenged before this Court in Crl.RC.No.1969 of 2024, and an order has also been passed on 13.12.2024. Having suffered the said order, the petitioner cannot once again maintain the present revision petition on the very same cause of action. In view of the above, this Court finds no merit in the present petition and the same is liable to dismissed as not maintainable.

7. Accordingly, this Criminal Revision Petition is dismissed as not maintainable.

23-03-2026 DRL To 1.The Inspector Of Police, P6, Kodungaiyur Police Station, Chennai.

2.The Public Prosecutor, High Court, Madras.

C.KUMARAPPAN, J.

DRL 23-03-2026