Madras High CourtCRL OP(MD)/1308/2025disposed of

Senthil Kumar v. The State Of Tamil Nadu

2025-01-24Honourable Mr Justice M. Nirmal Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2025

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.(MD)No.1308 and 1309 of 2025 Senthil Kumar : Petitioner in Crl.O.P(MD).No.1308 of 2025 Dickson Prakash : Petitioner in Crl.O.P(MD).No.1309 of 2025 Vs.

State rep., bthrough The Inspector of Police, Koodal Pudhur Police Station, Madurai District.

Crime No.471 of 2024 : Respondent in both petitions COMMON PRAYER : Criminal Original Petitions filed under Section 528 of BNSS, to set aside the docket order passed in e-filing Crl.M.P.No.SR4582 of 2024 and Crl.M.P.No.SR4581 of 2024 in Crime No.471 of 2024 by the Principal Special Court for EC and NDPS Act Cases, Madruai, dated 02.11.2024, subsequently, directing to number the petitioner and dispose within the time framed by this Court. In both petitions For Petitioners : Mr.A.Naresh Prabhu For Respondent : Mr.A.Thiruvadikumar Additional Public Prosecutor 1/4

COMMON ORDER The petitioners, who is owner of the property, had filed a petition for return of property before the Principal Special Court for EC and NDPS Act Cases, Madruai,. The learned Judge citing the Nagoorkani's case had not entertained the petition and returned the same, which may not be proper. This Court citing the Hon'ble Apex Court judgment in Sainaba Vs., State of Kerala and Anr in Crl.A.No.2005 of 2022 reported in 2022

(7) KHC 2731 had passed an order that Nahoorkani's case is no more resjudicata and return of property petition involving NDPS Act cases can be entertained and it has been decided on its own merits. In view of the same, the impugned docket orders in unnumbered Crl.M.P.No.SR4582 of 2024 and Crl.M.P.No.SR4581 of 2024 in Crime No.471 of 2024 passed by the Principal Special Court for EC and NDPS Act Cases, Madurai, dated 02.11.2024, is hereby set aside and this Court directed the petitioners to re-present the petition and on such re-presentation, the learned Judge shall receive the petition and decide the same on its own merits. 2/4

2. With the above direction, these Criminal Original Petitions are allowed.

20.12.2024 NCC : Yes/No Index : Yes / No Rmk Note: Registry is directed to return the original papers filed along with these petitions to the petitioners.

Issue order copy on 28.01.2025 To 1.The Principal Special Court for EC and NDPS Act Cases, Madruai. 2.The Inspector of Police, Koodal Pudhur Police Station, Madurai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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M.NIRMAL KUMAR,J.

Rmk 24.01.2025 4/4