[Cites 5, Cited by 0]
Madras High Court
Roshan Nair vs The Intelligence Officer on 7 January, 2026
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.A.No.1703 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.01.2026
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
Crl.A.No.1703 of 2025
Roshan Nair ... Appellant
Vs.
The Intelligence Officer
Narcotic Control Bureau,
Chennai. ... Respondent
Prayer: Criminal Appeal filed under Section 500 of BNSS to return of
property Indian Passports bearing Nos.B 5826343 and J 4467300 and Pan
card bearing No.AEUPN1842F and Driving Licence bearing No. MH04
20100040082 in Crl.A.No.465 of 2018 pending before this Court.
For Appellant : Mr.M.S.Ramesh
For Respondent : Mr.N.P.Kumar
Special Public Prosecutor
Page No.1 of 6
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Crl.A.No.1703 of 2025
JUDGMENT
The appellant/A2 in C.C.No.36 of 2015 was convicted by the Trial
Court by judgment dated 31.05.2018 for the offence under Section 8(c) r/w.
29, 22(c), 27A and 28 of Narcotic Drugs and Psychotropic Substances Act
(NDPS Act) and sentenced to undergo ten years rigorous imprisonment and
to pay a fine of Rs.1,00,000/- each for each offence under Sections 22(c),
27A, 28 and 29 of NDPS Act, in default, to undergo one year rigorous
imprisonment for each offence. Aggrieved against the same, the petitioner
filed an appeal before this Court in Crl.A.No.465 of 2018.
2.The appellant was arrested in this case on 10.02.2015 and right from
the date of his arrest, he is in prison as under trial prisoner and thereafter as
convict prisoner. Now the appellant had undergone the period of sentence
and paid Rs.4,00,000/- before the Trial Court vide Challan
No.20250205011473 dated 05.02.2025 and now the appellant was released
from the prison. Thereafter, the appellant filed a petition under Section 498
of BNSS before the Trial Court in Crl.M.P.No.2547 of 2025 seeking return
of original Indian Passport bearing numbers B 5826343 and J 4467300, Pan
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Card bearing number AEUPN1842F and Driving License bearing number
MH04 20100040082 which was seized by the respondent during
investigation and marked as Ex.P8 and Ex.P9. The Trial Court finding that
the entire case records already sent to the High Court in Crl.A.No.465 of
2018 on 29.05.2015 itself, dismissed the petition by order dated 18.06.2025.
Against which, the present criminal appeal filed.
3. The contention of the learned counsel for the appellant is that now
the appellant was released after serving the sentence and he needs his
Passports for renewal and also to have his fundamental right of travel to seek
employment and other purpose. Further the driving licence is required for
continuing his driving.
4.The learned Special Public Prosecutor submitted that in this case the
appellant is arrayed as A2, one Rohit Balasubramaniam was arrayed as A1
who was also arrested and convicted for identical charge. He would submit
that A1 filed appeal in Crl.A.No.404 of 2018 and he was granted suspension
of sentence. As regards A1, the case is yet to reach its finality. As regards
the appellant/A2, he has undergone the period of sentence and paid the fine
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amount. He would further submit that he has got objection for returning the
passport and driving license of the appellant for the reason that it might be
required in Crl.A.No.404 of 2018 but he fairly submitted that if the Passports
and Driving license are substituted by photostat copies along with an
undertaking affidavit, so that it forms part of records in Crl.A.No.404 of
2018. He further submitted that the appellant should provide his present
address and contact details for communication, if required.
5.The learned counsel for the appellant submitted the Passports and
Driving License of the appellant has nothing to do with the case. Both
documents seized from the appellant when he was staying in a Hostel.
These documents are no way connected to the case and fact in issue, in any
event, if required, he shall produce the same.
6.Considering the submissions made and on perusal of the materials,
the Registry is directed to return the Indian Passport bearing numbers
B 5826343 and J 4467300, Pan Card bearing number AEUPN1842F and
Driving License bearing number MH04 20100040082 to the appellant. The
appellant to submit the self attested photostat copy of Passports, Driving
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License and Pan Card along with an affidavit, to produce the same as and
when required. The appellant to be identified by the learned counsel for the
appellant. The photostat copies of returned documents to be replaced in the
records of the case.
7.In the result, the Criminal Appeal stands disposed of.
07.01.2026
(1/2)
Index : Yes/No
Speaking Order/Non Speaking Order
Neutral Citation: Yes/No
cse
To
1.The Intelligence Officer
Narcotic Control Bureau,
Chennai.
2.The Special Public Prosecutor,
High Court, Madras.
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M.NIRMAL KUMAR, J.
cse
07.01.2026
(1/2)
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