Madras High Court
Gowsigan vs The Superintendent Of Police on 10 January, 2025
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
W.P.(MD)No.914 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
W.P.(MD)No.914 of 2025
Gowsigan .. Petitioner
Vs
1. The Superintendent of Police
Office of the Superintendent of Police
Sivagangai, Sivagangai District
2. The Deputy Superintendent of Police
Samayanellur Sub Division
Samayanellur
Madurai District
3. The Inspector of Police
Samayanellur Police Station
Madurai District .. Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus, directing the respondents to release the
petitioner's Pulsur NS 200, Vehicle No.TN 58-BL - 3502, in Crime No.71
of 2024 on the file of the third respondent, based on the petitioners
representation dated 06.12.2024, within a stipulated time that may be
fixed by Court.
1/6
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.914 of 2025
For Petitioner : Mr.R.Senthil Kumar
For Respondents : Mr.A.Thiruvadikumar
Additional Public Prosecutor
ORDER
This petitioner has filed this petition before the learned Judicial
Magistrate, Vadipttai seeking return of property in CMP No.1883 of 2024
for release of his vehicle which has been seized by the respondent in
Crime No. 71 of 2024. The learned Magistrate by an order dated
22..05.2024 had dismissed the petition for the reason that the vehicle is
involved in a NDPS Act and the Magistrate has got no jurisdiction and
hence the petition has been dismissed.
2. Thereafter the petitioner has filed a petition before the
Additional District Judge, Principal Special Court for EC and NDPS Act
Cases, Madurai and the same was not entertained for the following
reasons:
“1) As per the order passed by the Hon'ble
Madurai Bench of Madras High Court in
Nahoorkani .Vs. State in Crl.R.C. No.41/2019, dated
https://www.mhc.tn.gov.in/judis
16.06.2023, how this petition is maintainable?
2) Correct provisions of law to be stated?
3) To explain that the petitioner has no
knowledge or convenience of petition mentioned
vehicle to commission of the offence
Hence returned”
3. The contention of the petitioner is that recently the Hon'ble
Apex Court in the case of Bishwajit Dev .vs. State of Assam in C.A. No.
87 of 2025 had given direction that return should be entertained and it
cannot be rejected. Further the petitioner also relied on the judgment of
the Hon'ble Apex Court in the case of Saina Banu .vs. State of Kerals
and another in Crl.A.No.2005 of 2022 reported in 2022(7)KHC 2731
4. The learned Additional Public Prosecutor submitted that this
Court on the earlier occasion had dealt with return of property petition in
NDPS Act Cases and following the Sainabas' case had given detailed
order directing the NDPS Court to entertain the petition for vehicle
owners and Nahoorkani case can be referred and returned.
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5. This Court has already decided in this issue and found that
Nahoorkani case is no more res integra and following the Sainaba case
had directed the NDPS Court to entertain the petition seeking return of
property.
6. In view of the same the petitioner is directed to re-present the
returned petition to the Additional District Judge, Principal Special Court
for EC and NDPS Act Cases, Madurai and the Special Court to entertain
the same and pass appropriate orders on merits and in accordance with
law.
7. With the above direction the Writ Petition stands disposed of.
No costs.
10.01.2025
Index: Yes/No
Internet : Yes/No
aav
https://www.mhc.tn.gov.in/judis
To
1. The Additional District Judge,
Principal Special Court for EC and NDPS Act Cases, Madurai
2. The Superintendent of Police
Office of the Superintendent of Police
Sivagangai, Sivagangai District
3. The Deputy Superintendent of Police
Samayanellur Sub Division
Samayanellur
Madurai District
4. The Inspector of Police
Samayanellur Police Station
Madurai District
5. The Additional Public Prosecutor
Madurai Bench of Madras High Court
Madurai.
https://www.mhc.tn.gov.in/judis
M.NIRMAL KUMAR, J.
aav
10.01.2025
https://www.mhc.tn.gov.in/judis
