Crl.R.C.No.936 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27.04.2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN Crl.R.C. No. 936 of 202 6 Sivaraj ..Petitioner(s) Vs. The State by The Inspector of Police NIB-CID P.S., Salem (Crime No.37 of 2025) ..Respondent(s) PRAYER : Criminal Revision Petition filed under Section 438 r/w 442 of BNSS, to set aside the order in Crl.M.P.No.109 of 2026 dated 10.03.2026 in Spl.C.C.No.279 of 2025, on the file of the learned Special Judge NDPS Act, Salem and return the item. For Petitioner(s): For Respondent(s): Mr.S.Sudhanthiran Mr.S.Vinoth Kumar Government Advocate (Crl.Side) ORDER This Civil Revision Petition has been filed to set aside the order in Crl.M.P.No.109 of 2026 dated 10.03.2026 in Spl.C.C.No.279 of 2025, on the file of the learned Special Judge NDPS Act, Salem and return the item. https://www.mhc.tn.gov.in/judis Crl.R.C.No.936 of 2026 __________ Page2 of 4 2. The learned counsel for the petitioner would fairly submit that the petitioner is an accused. 3. In view of the above fair submission, as per the judgment of Hon’ble Supreme Court in the case of Bishwajit Dey Vs. The State of Assam, reported in 2025 INSC 32, unless the accused establishes his reverse burden, the question of handing over the vehicle does not arise. 4. The learned Special Judge has also relied upon the above judgment and has dismissed the application. This Court absolutely does not find any infirmity or perversity over the above order. As per the finding of the trial Court, unless the petitioner being the accused in the case discharges the reverse burden, the question of handing over the vehicle to him does not arise. 5. Hence, this Criminal Revision Petition is dismissed. 27.04.2026 dna https://www.mhc.tn.gov.in/judis Crl.R.C.No.936 of 2026 __________ Page3 of 4 To 1.The Special Judge NDPS Act, Salem. 2.The Inspector of Police NIB-CID P.S., Salem (Crime No.37 of 2025) 3.The Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis Crl.R.C.No.936 of 2026 __________ Page4 of 4 C.KUMARAPPAN, J. dna Crl.R.C. No. 936 of 202 6 27.04.2026 https://www.mhc.tn.gov.in/judis