Allowed

Karthikeyan v. the State by

Madras HC23 Oct 2024CRL RC/1765/2024

Case brief

AI extract

What is this about?

The Madras High Court allowed a criminal revision petition filed by an accused to set aside an order returning an incidental petition regarding vehicle return. The court quashed the lower court's order dismissing the request for the two-wheeler and directed the Special Court in Salem to file and dispose of the return petition on merits within four weeks. This decision relied on the availability of

What did the court decide?

The order of return dated 02.08.2024 is set aside. The Special Court is directed to accept the return of property petition and dispose of it on merits within four weeks.

Karthikeyan Vs the State by — Narcotics (NDPS) | Madras HC (2024)

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Crl.R.C.No.1765 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 23.10.2024

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CORAM:

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THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

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Crl.R.C.No.1765 of 2024

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Karthikeyan

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... Petitioner/Accused

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Versus

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State by The Inspector of Police, Arcot Town Police Station, Ranipet District. Crime No.268/2024

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...Respondent

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PRAYER : Criminal Revision Case filed under Section 438 r/w 442 of Bharatiya Nagarik Suraksha Sanhita, 2023 to set aside the order of return passed in unnumbered C.M.P.No.Nil of 2024 in Crime No.268 of 2024 and further direct the learned Additional District Judge, Special Court under E.C. and N.D.P.S. Act Cases, Salem to return the two wheeler bearing No.TN-73AJ-2451 to the petitioner.

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For Petitioner : Mr.S.Prabhu

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For Respondent : Mr.A.Damodaran Additional Public Prosecutor

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https://www.mhc.tn.gov.in/judis 1/4

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Crl.R.C.No.1765 of 2024

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O R D E R

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This Criminal Revision Petition is filed seeking to set aside the

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order of return passed in unnumbered C.M.P.No.Nil of 2024 in Crime No.268 of 2024 and further direct the learned Additional District Judge,

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Special Court under E.C. and N.D.P.S. Act Cases, Salem to return the two wheeler bearing No.TN-73-AJ-2451 to the petitioner.

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2.The petitioner filed a unnumbered petition before the Lower

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Court seeking return of two wheeler, namely, Hero HF Delux bearing registration No.TN-73-AJ-2451 and the said petition was returned by the Lower Court on 02.08.2024 citing as “As per authority of R.C.(MD) 41/2019 dated 16.06.2023, how this petition is maintainable. Hence returned”. Aggrieved against the said order, the petitioner preferred this revision.

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3.The learned counsel for petitioner in support of his contention

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produced the order of Madurai Bench of this Court in Crl.R.C(MD) No.1251

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https://www.mhc.tn.gov.in/judis 2/4

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Crl.R.C.No.1765 of 2024

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of 2023, wherein, this Court had granted interim custody of the vehicle referring to the Hon'ble Apex Court judgment in Sunderbhai Ambalal Desai case and the judgment of Hon'ble Full Bench of Kerala High Court in

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W.A.No.1304 of 2022 .

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4.This Court in Crl.R.C.No.189 of 2024 had entertained the petition

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seeking return of vehicle. In view of the same, the return of petition is not proper. Accordingly, the order of return dated 02.08.2024 passed by learned

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Additional District, Judge, Special Court under E.C. And N.D.P.S. Act Cases, Salem is set aside.

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5.The petitioner is directed to represent the return of property

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petition. The learned Additional District, Judge, Special Court under E.C. And N.D.P.S. Act Cases, Salem to accept the petition, if it is otherwise in

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order, take it on file and dispose of the same on merits within a period of four

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weeks from the date of representation of the return of property petition.

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https://www.mhc.tn.gov.in/judis 3/4

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Crl.R.C.No.1765 of 2024

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M.NIRMAL KUMAR, J.

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rsi

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6.With the above directions, the Criminal Revision Case is allowed.

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23.10.2024

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Index : Yes/No Internet : Yes/No Neutral Citation : Yes/No Speaking order/Non-speaking order rsi

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Note: Registry is directed to return the original papers to the petitioner. To

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The Inspector of Police, Arcot Town Police Station, Ranipet District.

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2.The Additional District, Judge, Special Court under E.C. And N.D.P.S. Act Cases, Salem.

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3.The Public Prosecutor, High Court, Madras.

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Crl.R.C.No.1765 of 2024

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https://www.mhc.tn.gov.in/judis 4/4

Karthikeyan v. the State by

Case brief

What is this about?

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Karthikeyan v. the State by

Case brief

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