Citation : 2025 Latest Caselaw 7112 Mad
Judgement Date : 16 September, 2025
CRL R.C. No. 1611 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 16.09.2025
CORAM:
THE HONOURABLE MRS. JUSTICE T.V. THAMILSELVI
Crl. R.C. No. 1611 of 2025
Noushad Ali, M/37 years,
S/o.Abdul Rasheed,
No.6/30, Gobi Road,
Kuttampalli Pirivu, Thathanur,
Punjaithamaraikulam,
Tirupur – 638460. ...Petitioner
Versus
State rep., by Inspector of Police,
Peelamedu Police Station,
Coimbatore. ... Respondent
PRAYER: Criminal Revision Case filed under Section 438 read with
Section 442 of BNSS, 2023 against the order dated 11.03.2025 passed by
the Additional District / Presiding Officer, Special Court for Essential
Commodities Act Case, Coimbatore in C.M.P.No.362 of 2025 in Crime
No.654 of 2024 and prays to set aside the same.
For Petitioner : Mr. L. Mouli.
For Respondent : Dr. C.E. Pratap, Government
Advocate (Crl.Side).
1/5
https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/09/2025 06:41:58 pm )
CRL R.C. No. 1611 of 2025
JUDGMENT
This Criminal Revision has been filed against the order dated
11.03.2025 passed by the Additional District / Presiding Officer, Special
Court for Essential Commodities Act Case, Coimbatore in C.M.P.No.362
of 2025 in Crime No.654 of 2024 .
2.The learned counsel for the petitioner submits that the petitioner
was ranked as A1 in Crime No.654 of 2024 and he has filed this
application praying for return of his car viz., Maruthi Wagon R VXI
BSIV Superior White Colour Car bearing Registration No.KL-53-N-
2379 which has been seized during the course of investigation. The
learned counsel for the petitioner submits that the petitioner has been
falsely implicated in this case and if his vehicle is not handed over to
him, it will be damaged. Thus the learned counsel for the petitioner
submits that he is ready to abide by any condition and undertakes to
produce the said vehicle as and when required and thus, sought for
returning the said vehicle.
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3.The learned Government Advocate (Criminal side,) on the other
hand, submitted that the petitioner is hailing from Kerala and he has used
the said vehicle for illegal transportation of 1.100 kgs of contraband and
during the course of investigation, the vehicle as well as the contraband
had been seized by the police and if the vehicle is returned, the same will
be altered or would be sold to some other offences and will be used for
similar kind of offences. Therefore, he raised strong objections for
release of the said vehicle to the petitioner.
4.Heard the parties and perused the materials available on record.
5.It is the settled proposition of law that if the seized vehicle is
invovled in an offence under the NDPS Act, the parties have to approach
the Drug Disposal Committee and this Court has laid down the said
position in an authority reported in 2025 (1) LW (Crl), Loyal Johnson
Vs. The State, represented by the Inspector of Police, Pomban Police
Station.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/09/2025 06:41:58 pm )
6.Accordingly, this petition is disposed of and the parties are
directed to approach the Drug Disposal Committee for necessary
proceedings as per law.
16.09.2025
ay
Index: Yes/No Neutral Citation : Yes/No Speaking Order / Non-speaking order
To
1.The Public Prosecutor, High Court of Madras, Chennai.
2.The Inspector of Police, Peelamedu Police Station, Coimbatore.
3.The Additional District / Presiding Officer, Special Court for Essential Commodities Act Case, Coimbatore
https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/09/2025 06:41:58 pm )
T.V. THAMILSELVI, J
ay
16.09.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/09/2025 06:41:58 pm )
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