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Tamilselvan Vs State rep by Inspector of Police — Narcotics (NDPS) | Madras HC (2026)

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Madras HC
2026
Tamilselvan Vs State rep by Inspector of PoliceTamilselvan v. State rep by Inspector of Police

Dismissed¶21

Tamilselvan v. State rep by Inspector of Police

Madras HC17 Jul 2026CRL OP/18886/2026

Case brief

AI extract

What is this about?

Madras High Court; CRL OP No. 18886 of 2026; 17-07-2026; D. Bharatha Chakravarthy, J.; Tamilselvan v. State (Inspector of Police, T15 SRMC Police Station, Chennai); Crime No.574 of 2022; C.C.No.85 of 2023; Crl.M.P.No.2429 of 2026; docket order 01.04.2026; Special Court under NDPS and EC Act, Chennai; Section 528 BNSS; NDPS seizure; return of seized bike; Registration No. TN10 BK 8060; belated ownership claim; destroyal of seized objects; no third-party claim; prior dismissal Crl.OP.No.17707 of 2026; petition dismissed.

What did the court decide?

Where mobile phones and bikes purchased in different names are recovered from accused persons in NDPS prosecutions, seized, and the trial has progressed with no third-party claim, ownership applications filed only after the final judgment and the Court's orders directing destroyal of the objects cannot be entertained; such belated claims are rejected.

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the records relating to Crl.M.P.No.2429 of 2026 in C.C.No.85 of 2023, including the docket order dated 01.04.2026, should be called for and quashed/set aside. +1 more

Ratio / Principle

Where mobile phones and bikes purchased in different names are recovered from accused persons in NDPS prosecutions, seized, and the trial has progressed with no third-party claim, ownership applications filed only after the final judgment and the Court's orders directing destroyal of the objects cannot be entertained; such belated claims are rejected.

Key takeaways

Finding no merits, this Criminal Original Petition stands dismissed; the docket order/Crl.M.P.No.2429 of 2026 is not quashed and the bike is not returned.ratio¶21

Detailed headnote1 paragraphs

MADRAS HIGH COURT — CRL OP No. 18886 of 2026, decided 17-07-2026, coram D. Bharatha Chakravarthy, J. Tamilselvan v. State rep. by Inspector of Police, T15 SRMC Police Station, Chennai (Crime No.574 of 2022). Filed under Section 528 of BNSS seeking to call for the records in Crl.M.P.No.2429 of 2026 in C.C.No.85 of 2023 (Principal District Judge, Special Court under NDPS and EC Act, Chennai), set aside/quash the docket order dated 01.04.2026, and secure return of the petitioner's bike in Registration No. TN10 BK 8060 seized in the NDPS prosecution. Held: in NDPS cases where mobile phones and bikes purchased in different names are recovered from the accused, seized, and the trial has progressed with no claim from any third party, ownership applications filed only after the final judgment and the Court's orders directing destroyal of the objects cannot be entertained; such belated claims are rejected — the petitioner's earlier claim to the mobile phone having already been dismissed in Crl.OP.No.17707 of 2026. Finding no merits, the Criminal Original Petition was dismissed.

A

CRL OP No. 18886 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-07-2026

CORAM

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY CRL OP No. 18886 of 2026

Tamilselvan

..Petitioner(s)

Vs

State rep. by Inspector of Police, T15 SRMC Police Station, Chennai. Crime No.574 of 2022.

..Respondent(s)

Prayer: This Criminal Original Petition is filed under Section 528 of BNSS, praying to call for the records in Crl.M.P.No.2429 of 2026 in C.C.No.85 of 2023 passed by the Principal District Judge Special Court under NDPS and EC Act, Chennai and set aside the docket order on 01.04.2026 and direct the learned Principal District Jude Special Court under NDPS and EC Act to take on file and number the case and pass such further or other orders may deem fit and proper to the circumstances of the case.

For Petitioner(s): No Appearance For Respondent(s): Mr.R.Rajasekaran, Government Advocate (Crl. Side)

Page1 of 4

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

CRL OP No. 18886 of 2026

ORDER

The prayer in this Criminal Original Petition is to call for the records relating to Crl.M.P.No.2429 of 2026 in C.C.No.85 of 2023 and quash

the same and consequently, to return the petitioner's bike in Registration No.TN10 BK 8060.

In NDPS cases, when the mobile phones and bikes are recovered from

the accused, and the case is being prosecuted, and when the accused are using bikes and mobile phones, which were purchased in different names, and when the same are seized and trial has progressed, there is no claim from any third party. Only after the final judgment is delivered, and the Court passes orders directing destroyal of these objects, thereafter these applications are being filed claiming ownership for the mobile phones, bikes etc., used by the accused. Such belated claim cannot be entertained. Already with reference to the claim relating to mobile phone, this Court dismissed the application in Crl.OP.No.17707 of 2026.

In view of the same, finding no merits, this Criminal Original Petition shall also stand dismissed.

17-07-2026

Neutral Citation: No PVS

__________ Page2 of 4

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

CRL OP No. 18886 of 2026

To

The Principal District Judge Special Court under NDPS and EC Act, Chennai

The Inspector of Police T15 SRMC Police Station, Chennai.

Crime No.574 of 2022.

The Public Prosecutor, High Court, Madras

Page3 of 4

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

CRL OP No. 18886 of 2026

D.BHARATHA CHAKRAVARTHY, J.

PVS

CRL OP No. 18886 of 2026

17-07-2026

__________ Page4 of 4

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

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the records relating to Crl.M.P.No.2429 of 2026 in C.C.No.85 of 2023, including the docket order dated 01.04.2026, should be called for and quashed/set aside.¶17
2.
Whether the petitioner's belated claim for return of his bike in Registration No. TN10 BK 8060, seized in the NDPS prosecution (Crime No.574 of 2022 / C.C.No.85 of 2023), can be entertained after final judgment and orders directing destroyal.¶18
The court held
Where mobile phones and bikes purchased in different names are recovered from accused persons in NDPS prosecutions, seized, and the trial has progressed with no third-party claim, ownership applications filed only after the final judgment and the Court's orders directing destroyal of the objects cannot be entertained; such belated claims are rejected.ratio¶20

Statutes considered

2 provisions across 2 enactments

AI extract

BNSS528¶11
NDPS and EC ActNDPS and EC Act¶11

Procedural history

How this case reached the court

AI extract

Order under challenge
Docket order dated 01.04.2026 passed in Crl.M.P.No.2429 of 2026 in C.C.No.85 of 2023, sought to be set aside/quashed together with return of the petitioner's bike.¶11
Principal District Judge, Special Court under NDPS and EC Act, Chennai · 01.04.2026
Prior proceeding
Crl.M.P.No.2429 of 2026 was filed in C.C.No.85 of 2023 before the Principal District Judge, Special Court under NDPS and EC Act, Chennai, wherein the docket order dated 01.04.2026 was passed.¶11
Prior proceeding
The underlying prosecution C.C.No.85 of 2023 arises from Crime No.574 of 2022 (T15 SRMC Police Station, Chennai); the petitioner sought return of his bike in Registration No. TN10 BK 8060 among the seized items.¶18
Prior proceeding
An earlier application by the petitioner claiming the recovered mobile phone (Crl.OP.No.17707 of 2026) had already been dismissed by this Court.¶20
Prior proceeding
By the stage of the application, the trial in the NDPS case had progressed and no third party had claimed the seized bikes and mobile phones.¶20

Parties & counsel

AI extract

petitioner
Tamilselvan¶6
respondent
State rep. by Inspector of Police, T15 SRMC Police Station, Chennai¶9
R.Rajasekaran

Coram

AI extract

D.BHARATHA CHAKRAVARTHYauthor¶5

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 17 Jul 2026 · July
Registered: 14 Jul 2026
Case no.: CRL OP/18886/2026
CNR: HCMA011430412026
Topic: Narcotics (NDPS)
Bench: D.bharatha Chakravarthy
Disposal: DISMISSED
Case type: CRL OP

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Cite this judgement

Tamilselvan v. State rep by Inspector of Police, CRL OP/18886/2026 (MAD), decided on 17 July 2026.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

BNSS528
NDPS and EC ActNDPS and EC Act

View all statutes

Procedural history5

Docket order dated 01.04.2026 passed in Crl.M.P.No.2429 of 2026 in C.C.No.85 of 2023, sought to be set aside/quashed together with return of the petitioner's bike.Principal District Judge, Special Court under NDPS and EC Act, Chennai · 01.04.2026
Crl.M.P.No.2429 of 2026 was filed in C.C.No.85 of 2023 before the Principal District Judge, Special Court under NDPS and EC Act, Chennai, wherein the docket order dated 01.04.2026 was passed.
The underlying prosecution C.C.No.85 of 2023 arises from Crime No.574 of 2022 (T15 SRMC Police Station, Chennai); the petitioner sought return of his bike in Registration No. TN10 BK 8060 among the seized items.

View full history

Bench / Coram

D.BHARATHA CHAKRAVARTHY

Parties & counsel