Madras High Court
Karthikeyan vs State By on 23 October, 2024
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.R.C.No.1765 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.10.2024
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
Crl.R.C.No.1765 of 2024
Karthikeyan ... Petitioner/Accused
Versus
State by
The Inspector of Police,
Arcot Town Police Station,
Ranipet District.
Crime No.268/2024 ...Respondent
PRAYER: Criminal Revision Case filed under Section 438 r/w 442 of
Bharatiya Nagarik Suraksha Sanhita, 2023 to set aside the order of return
passed in unnumbered C.M.P.No.Nil of 2024 in Crime No.268 of 2024 and
further direct the learned Additional District Judge, Special Court under E.C.
and N.D.P.S. Act Cases, Salem to return the two wheeler bearing No.TN-73-
AJ-2451 to the petitioner.
For Petitioner : Mr.S.Prabhu
For Respondent : Mr.A.Damodaran
Additional Public Prosecutor
1/4
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.1765 of 2024
ORDER
This Criminal Revision Petition is filed seeking to set aside the
order of return passed in unnumbered C.M.P.No.Nil of 2024 in Crime
No.268 of 2024 and further direct the learned Additional District Judge,
Special Court under E.C. and N.D.P.S. Act Cases, Salem to return the two
wheeler bearing No.TN-73-AJ-2451 to the petitioner.
2.The petitioner filed a unnumbered petition before the Lower
Court seeking return of two wheeler, namely, Hero HF Delux bearing
registration No.TN-73-AJ-2451 and the said petition was returned by the
Lower Court on 02.08.2024 citing as “As per authority of R.C.(MD) 41/2019
dated 16.06.2023, how this petition is maintainable. Hence returned”.
Aggrieved against the said order, the petitioner preferred this revision.
3.The learned counsel for petitioner in support of his contention
produced the order of Madurai Bench of this Court in Crl.R.C(MD) No.1251
https://www.mhc.tn.gov.in/judis
of 2023, wherein, this Court had granted interim custody of the vehicle
referring to the Hon'ble Apex Court judgment in Sunderbhai Ambalal Desai
case and the judgment of Hon'ble Full Bench of Kerala High Court in
W.A.No.1304 of 2022.
4.This Court in Crl.R.C.No.189 of 2024 had entertained the petition
seeking return of vehicle. In view of the same, the return of petition is not
proper. Accordingly, the order of return dated 02.08.2024 passed by learned
Additional District, Judge, Special Court under E.C. And N.D.P.S. Act Cases,
Salem is set aside.
5.The petitioner is directed to represent the return of property
petition. The learned Additional District, Judge, Special Court under E.C.
And N.D.P.S. Act Cases, Salem to accept the petition, if it is otherwise in
order, take it on file and dispose of the same on merits within a period of four
weeks from the date of representation of the return of property petition.
https://www.mhc.tn.gov.in/judis
M.NIRMAL KUMAR, J.
rsi
6.With the above directions, the Criminal Revision Case is allowed.
23.10.2024
Index : Yes/No
Internet : Yes/No
Neutral Citation : Yes/No
Speaking order/Non-speaking order
rsi
Note: Registry is directed to return the original papers to the petitioner.
To
1.The Inspector of Police,
Arcot Town Police Station,
Ranipet District.
2.The Additional District, Judge,
Special Court under E.C. And N.D.P.S. Act Cases,
Salem.
3.The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
