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2025 DAILYLAW 94888 (MAD)

MOHANAVEL v. The Inspector of Police

CRL RC/1666/2025 · 2025-09-18

T V Thamilselvi

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.R.C.No.1666 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18.09.2025 CORAM: THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.R.C.No.1666 of 2025 Mohanavel .... Petitioner Vs The Inspector of Police, Mathigiri Police Station, Krishnagiri District. Crime No.355 of 2024. .... Respondent PRAYER: Criminal Revision Case filed under Section 438 r/w. Section 442 of B.N.S.S., to set aside the order dated call for the records pertains to the order dated 05.08.2025 passed in CRL.M.P.No.615 of 2025, In the Court of Essential Commodities Act and Special Court for the Narcotic Drugs and Psychotropic Substances Act, Salem and to allow the above Criminal Revision Petition. For Petitioner : Mr.R.Nalliyappan For Respondent : Dr.C.E.Pratap Government Advocate (Crl. Side) 1/6 https://www.mhc.tn.gov.in/judis Crl.R.C.No.1666 of 2025 ORDER This Criminal Revision Case has been filed to set aside the order dated 05.08.2025 made in Crl.M.P.No.615 of 2025 on the file of the Additional District Judge, the Court of Essential Commodities Act and Special Court for the Narcotic Drugs and Psychotropic Substances Act, Salem. 2.Learned counsel appearing for the petitioner submitted that the petitioner is the owner of the lorry and he is running the family by way of income derived from the lorry, except there is no source of income for him. He further submitted that the petitioner has been falsely implicated in this case by the prosecution. It is the specific contention of learned counsel for the petitioner that the lorry is being kept in open air and sunlight without maintenance, the vehicle would be damaged and it would be valueless. 3.Per contra, the learned Government Advocate (Criminal Side) appearing for the respondent/State raised serious objection for allowing this petition. He further submitted that the respondent police conducted a search and seized 20 kgs of Ganja in ten pockets under the lorry seat bearing 2/6 https://www.mhc.tn.gov.in/judis Crl.R.C.No.1666 of 2025 No.TN 52 AC 2595. The above container lorry was utilized for selling Ganja and hence, the above lorry was seized from the accused. 4.Heard learned counsel appearing for the petitioner and learned Government Advocate (Criminal Side) appearing for the respondent and perused the materials available on record. 5.On perusal of the records, it is seen that the petitioner filed a petition in CRL.M.P.No.615 of 2025 for interim custody of the vehicle, the Trial Court vide order dated 05.08.2025 dismissed the petition has rightly held that the petitioner to approach the Drug Disposal Committee. 6.Considering the above facts and circumstances of the case and the submission made by the learned counsel on either side, this Court is of the view that the petitioner may approach the Drug Disposal Committee for return of vehicle. 7.It is a settled proposition that if the vehicle is involved in NDPS 3/6 https://www.mhc.tn.gov.in/judis Crl.R.C.No.1666 of 2025 Act, they have to approach the Drug Disposal Committee. Therefore, the Authorities take into consideration the above facts and disburse the vehicle if any application is filed on merits within a period of 3 weeks from the date of receipt of a copy of this order. 8.With the above observations and directions, this Criminal Revision is disposed of. 18.09.2025 Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order pam 4/6 https://www.mhc.tn.gov.in/judis Crl.R.C.No.1666 of 2025 To 1.The Additional District Judge, the Court of Essential Commodities Act and Special Court for the Narcotic Drugs and Psychotropic Substances Act, Salem. 2.The Inspector of Police, Mathigiri Police Station, Krishnagiri District. Crime No.355 of 2024. 3.The Public Prosecutor, High Court of Madras. 5/6 https://www.mhc.tn.gov.in/judis Crl.R.C.No.1666 of 2025 T.V.THAMILSELVI, J. pam Crl.R.C.No.1666 of 2025 18.09.2025 6/6 https://www.mhc.tn.gov.in/judis