Crl.R.C.No.211 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 12.02.2025 Coram: THE HONOURABLE MR.JUSTICE P.VELMURUGAN Crl.R.C.No.211 of 2025 -- Smt.Pathmapriya .. Petitioner Vs. The Union of India, Represented by The Intelligent Officer, Narcotics Control Bureau, Chennai Zonal Unit, Chennai-600 077. .. Respondent Criminal Revision Case filed under Section 438 read with Section 422 of B.N.S.S., 2023, against the final order of the Special Judge, Ist Additional Special Court for Exclusive Trial of Cases under NDPS Act, Chennai, dated 11.11.2024 made in Crl.M.P.No.9416 of 2024 in the pending C.C.No.226 of 2022 on file, dismissing the petition for return of the gold and silver ornaments worn by the petitioner's husband to the custody of the petitioner herein as prayed for in the petition. For petitioner : Mr.M.Kumar For respondent: Mr.N.P.Kumar, Spl.P.P. for NCB cases Page No. 1 / 5 https://www.mhc.tn.gov.in/judis Crl.R.C.No.211 of 2025 ORDER This Criminal Revision Petition is filed under Section 438 read with Section 422 of the Bharatiya Nagarik Suraksha Sanhita, 2023, against the final order of the Special Judge, Ist Additional Special Court for Exclusive Trial of Cases under the NDPS Act, Chennai, dated 11.11.2024 made in Crl.M.P.No.9416 of 2024 in the pending C.C.No.226 of 2022 on file, dismissing the petition for return of the gold and silver ornaments worn by the petitioner's husband, to the custody of the petitioner herein as prayed for in the petition. 2. Learned counsel for the petitioner/third party, submitted that the disputed properties (gold and silver ornaments) are neither involved in the offence(s) and they are only the contraband recovered from the accused and for no fault of his, A2 was arrested and remanded to Judicial Custody, and as per the version of the prosecution, they have removed all the valuable things and handed over the same to the investigating officer. Therefore, the petitioner/third party sought for interim custody of the gold jewels and silver ornaments and the learned First Additional Special Judge failed to consider the above aspects and hence, the same warrants interference by this Court. Page No. 2 / 5 https://www.mhc.tn.gov.in/judis Crl.R.C.No.211 of 2025 3. Learned Special Public Prosecutor appearing for the respondent/NCB submitted that the subject properties, were alleged to have been purchased from the contractor who sold the jewels and hence, it is ill-gotten, and therefore, the jewels purchased from the ill-gotten money, could be decided only during the course of trial and in case of interim custody, the prosecution could be approached for recovery of the alleged jewels and hence, it is clear that the trial Court rightly observed the contraband (gold and silver ornaments) in this case is of commercial quantity under the NDPS Act and that the trial has already commenced, and hence, the learned Spl.P.P. submitted that the trial Court's observations may not be interfered with by this Court. 4. Heard both sides and perused the materials available on record. 5. Admittedly, one T.Sathish Kumar, son of Late Thiyagaraja, is A-2 in C.C.No.226 of 2022 in NCB.F.No.48/1/2/2022-NCB/MDS. During investigation, the jewels were seized and also when those jewels were produced before the Special Court, the Special Court gave a direction to keep the properties under the custody, pending the main case. Only based on the direction of the Special Court, the respondent/Union of India, represented by The Intelligence Officer, Narcotics Control Bureau, Chennai Zonal Unit, Chennai (R.R.No.06 of 2022) Page No. 3 / 5 https://www.mhc.tn.gov.in/judis Crl.R.C.No.211 of 2025 have seized the properties herein and the same are in the custody of the Court below. 6. Further, the case is in trial stage. Hence, pending trial, it is not appropriate to return the jewels, that too, the petitioner herein, who is a third party, being the wife of A2 (T.Sathish Kumar). 7. It is for the petitioner/third party to work out her remedy only after pronouncement of the judgment by the Court below in C.C.No.226 of 2022. 8. With the above observations, this revision petition is dismissed. 12.02.2025 cs To 1. The 1st Additional Special Judge for exclusive trial of cases under the NDPS Act, Chennai. 2. The Union of India, represented by the Intelligent Officer, Narcotics Control Bureau, Chennai Zonal Unit, Chennai-600 077. 3. The Special Public Prosecutor for NDPS Cases, High Court, Madras. Page No. 4 / 5 https://www.mhc.tn.gov.in/judis Crl.R.C.No.211 of 2025 P.VELMURUGAN, J cs Crl.R.C.No.211 of 2025 12.02.2025 Page No. 5 / 5 https://www.mhc.tn.gov.in/judis