Thanushree v. State Of Tamilnadu Rep By Inspector Of Police, Cumbum North
CRL RC(MD)/951/2026 · 2026-08-06
L Victoria Gowri
Transfer Petitionbody2026
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[ 2026 DAILYLAW 62819 (MAD) · dailylaw.ai ]
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[ 2026 DAILYLAW 62819 (MAD) · dailylaw.ai ]
Judgment text
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Crl.R.C.(MD)No.951 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.08.2026 CORAM THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl.R.C.(MD)No.951 of 2026 Tanushree
... Petitioner/Petitioner Vs. State of Tamil Nadu rep. by The Inspector of Police, Cumbum North Police Station, Theni District. (Crime No.450 of 2025)
... Respondent
PRAYER : Criminal Revision Case filed under Section 438 r/w 442 B.N.S.S., to set aside the order made in Crl.M.P.No. 806 of 2026 on the file of the Principal Special Court for Narcotic Drugs and Psychotropic Substances Act Cases, Madurai dated 18.05.2026 and thereby direct the respondent police to return the Vehicle (Car KIA SONET) bearing Registration No.KA 04 ND 4704 to the custody of the petitioner pending conclusion of trial. For Petitioner : Mr.S.Muthukumar
For Respondent : Mr.C.Susikumar Government Advocate (Crl. Side) 1/6 https://www.mhc.tn.gov.in/judis
Crl.R.C.(MD)No.951 of 2026
ORDER The Criminal Revision is directed against the order passed in Crl.M.P.No. 806 of 2026 on the file of the Principal Special Court for Narcotic Drugs and Psychotropic Substances Act Cases, Madurai dated 18.05.2026, dismissing the petition filed under Section 497 of B.N.S.S.
2. The learned counsel for the petitioner submitted that the petitioner is not an accused in the said crime. However, he is the owner of the vehicle seized in the aforesaid crime. He had let his vehicle for lease through Zoomcar platform, and all the bookings made through Zoomcar application. Pursuant to which, the accused in the said crime was utilizing his vehicle under the said scheme. Later, the petitioner came to know that his vehicle has been seized in Crime No.450 of 2025. In this regard, being the owner of the said vehicle, he had filed Crl.M.P.No.806 of 2026. However, the learned trial Court had dismissed the same since the said vehicle was used by the accused person for smuggling ganja. Relying upon the order of this Court made in Crl.R.C(MD)No.753 of 2025, dated 27.11.2025, he sought the indulgence of this Court. 2/6 https://www.mhc.tn.gov.in/judis
Crl.R.C.(MD)No.951 of 2026
3. The learned Government Advocate(Crl.side) had filed a counter affidavit and submitted that the vehicle involved was used by the accused persons for smuggling ganja, and the vehicle was of the Karnataka registration and contraband seize was of commercial quantity. But, he fairly conceded that the petitioner is the owner of the vehicle and he is not the accused. 4. Heard the learned counsel on either side and carefully perused the materials available on record. 5. Considering the fact that the petitioner is not the accused in the said crime and is the owner of the vehicle, the order passed by the learned Principal Special Court for Narcotic Drugs and Psychotropic Substances Act Cases, Madurai in Crl.M.P.No.806 of 2026, dated 18.05.2026 is set aside and the respondent is directed to release the KIA SONET car bearing Registration No.KA-04-ND-4704 to the petitioner on interim custody, subject to the following conditions: (a) the petitioner shall execute a bond for a sum of Rs.
3,00,000/- (Rupees Three Lakhs only), with two 3/6 https://www.mhc.tn.gov.in/judis
Crl.R.C.(MD)No.951 of 2026 sureties for a likesum to the satisfaction of the learned Principal Special Court for Narcotic Drugs and Psychotropic Substances Act Cases, Madurai; (b)The petitioner shall produce the copy of RC Book of the vehicle before the learned Principal Special Court for Narcotic Drugs and Psychotropic Substances Act Cases, Madurai. If the original RC Book is in the custody of the finance company, the petitioner shall produce a photocopy of the RC Book, along with an affidavit stating that the original is with the finance company and a letter from the finance company acknowledging such custody. (c) the petitioner shall give an undertaking before the respondent/ authority concerned stating that he will not use the vehicle in question for any illegal activities in future, failing which the respondent/trial Court is at liberty to confiscate the vehicle; (d)the petitioner shall not alienate and shall not make any alteration in the vehicle; 4/6 https://www.mhc.tn.gov.in/judis
Crl.R.C.(MD)No.951 of 2026 (e) the petitioner shall produce the vehicle before the learned Trial Court once in a month i.e, on 1st Monday of every English calendar month;
06.08.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No gbg To 1.The Principal Special Court for Narcotic Drugs and Psychotropic Substances Act Cases, Madurai. 2.The Inspector of Police, Cumbum North Police Station, Theni District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6 https://www.mhc.tn.gov.in/judis
Crl.R.C.(MD)No.951 of 2026 L.VICTORIA GOWRI ,J. gbg
Order made in Crl.R.C.(MD)No.951 of 2026 Dated: 06.08.2026 6/6 https://www.mhc.tn.gov.in/judis