Guechi Justine Vs The State Rep by, The Inspector of Police

Criminal Original Petition filed under Section 482 of Code of Criminal Procedure, to call for the records relating to the docket order, dated 17.12.2024 passed in unnumbered Criminal Miscellaneous Petition No. of 2024 in Crime No.53 of 2022 on the file of the Principal Special Judge under EC & NDPS Act, Chennai – 600 104, set aside the same and direct the said Court to number the Petition, conduct an enquiry.

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For Petitioner :Mr.R.Dakshina Murthy For Respondent : Mr.K.M.D.Muhilan Additional Government Pleader

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O R D E R

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The petitioner challenges the docket order of the trial Court,

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returning the petition seeking return of the subject properties.

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It is the contention of the petitioner that at the time of arrest the

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

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Crl.O.P.No.23031 of 2025

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following properties were seized by the respondent police in Crime No.53

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of 2022 on 24.10.2022:

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Gold Ear rings – 4 pairs 2. Gold Nose ring one number 3. Finger rings 3 numbers 4. Gold Anklets two numbers

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Waist Bead (Pearl – white beads with silver string)

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Back bag or School bag (Black colour) with clothes / dresses 7. Ladies Hand Bag - Leather Ash colour (with all ladies make – up items)

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Two number Wig Extension Hair a) Black mix with gold colour

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b) Light brown colour

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Two pair of shoes

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i. light brown colour

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ii. Cream mix with pink colour

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However, the same has not been handed over either before the concerned Court or to the petitioner. Hence, an application has been filed for return of those properties before the Principal Special Judge under EC & NDPS Act, Chennai 600 104 and the learned Special Judge has simply returned the application even without numbering with an endorsement “properties not produced”.

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This Court has summoned the Mahazers. Mahazar I shows that

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the petitioner/accused has been arrested on 24.10.2022 at Telehone Nagar

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

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1 st

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Crl.O.P.No.23031 of 2025

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1^st Street Junction, Perungudi, Chennai by the Narcotic Intelligence Bureau CID, Chennai and seized 56 grms of contraband along with passport bearing No.17AP16701. After confession, Mahazar II has been filed which indicates a seizure of one Cell phone VIVO Y20A, Model V2101 on 29.10.2022 inside the house of the petitioner at Perungudi. Except the above, there is no particulars available for seizure of the properties mentioned herein.

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The learned Additional Government Pleader would state that

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except the above, there is no properties have been seized from the petitioner/accused. It is also brought to the notice of this Court that the learned Principal Special Judge under EC & NDPS Act, Chennai has dismissed the petition filed by the petitioner in Crl.M.P.No.14389 of 2025 on 03.02.2025 which is filed for return of Cell phone. He would further state that referred charge sheet has also been filed.

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