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Shirajeeve v. State rep.by, The Inspector of Police

Madras HC20 Feb 2026CRL RC/201/2026

Case brief

AI extract

What is this about?

Interim custody of NDPS-seized vehicle to owner not an accused, via power agent's petition; Madras High Court criminal revision under Ss.438/442 BNSS 2023; Ashok Leyland lorry KA-01-AG-1794; ganja 3.800 kgs; Crime No.508 of 2024, Tirupattur; Special Judge EC/NDPS Act Cases Salem; C.M.P.No.1622 of 2024 dismissed and set aside; bond Rs.10 lakhs with two sureties; RC Book verification; affidavit undertaking; return subject to confiscation proceedings; vehicle idle at police station since 10.07.2024.

What did the court decide?

Criminal Revision Case allowed: the order dated 03.01.2025 in C.M.P.No.1622 of 2024 set aside, and interim custody of the vehicle directed to be handed over to the owner subject to bond, sureties, RC Book verification, affidavit undertakings, and subjection to any confiscation proceedings. ¶36

Shirajeeve Vs State rep.by, The Inspector of Police — Narcotics (NDPS) | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether interim custody/return of the seized Ashok Leyland Lorry (Regn. No.KA-01-AG-1794) ought to be granted to its owner, who is not an accused, on the application filed by her power agent, notwithstanding the dismissal of that application by the Special Judge for EC/NDPS Act Cases, Salem.

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Court's answer

Since the owner of the vehicle is admittedly not an accused and the vehicle has been lying idle at the Police Station since 10.07.2024, the Court handed over interim custody of the vehicle to the owner.

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Ratio / Principle

Because the petition for return was filed by the power agent rather than the owner herself, the Court issued directions to the owner, Mrs.S.Deepika W/o Ezhilkumar: execution of a personal bond of Rs.10,00,000/- with two sureties for a likesum; production of the original RC Book and records for verification (original to be returned after retaining a xerox); and filing of an affidavit undertaking not to alienate or alter the vehicle and to produce it as and when required by the respondent and the trial Court.

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Key takeaways

The return of the property is made subject to the result of any confiscation proceedings, if initiated.ratio¶34

Detailed headnote1 paragraphs

Madras High Court (Sunder Mohan, J.) allowed CRL RC No. 201 of 2026, filed under Section 438 r/w 442 of BNSS, 2023, and set aside the order dated 03.01.2025 of the learned Special Judge for EC/NDPS Act Cases, Salem dismissing C.M.P.No.1622 of 2024. An Ashok Leyland Lorry (Regn. No.KA-01-AG-1794), seized in Crime No.508 of 2024 (offences under Sections 8(c), 20(b)(ii)(B), 29(1), 25 of NDPS Act) after allegedly transporting 3.800 kgs of ganja, was ordered into the interim custody of its owner, Mrs.S.Deepika, who is not an accused, on the application of her power agent. Conditions: personal bond of Rs.10,00,000/- with two like sureties; production of original RC Book for verification and return; affidavit undertaking non-alienation and production of the vehicle as required; return of property subject to the result of any confiscation proceedings.

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CRL RC No. 201 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 20-02-2026

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CORAM

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THE HONOURABLE MR.JUSTICE SUNDER MOHAN

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CRL RC No. 201 of 2026

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Shirajeeve S/o Krishnamoorthy, No.2/17, Periyamanguppan Village, Nariayaneri Post, Tirupathur Taluk and District.

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...Petitioner(s) Vs.

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State rep. by, The Inspector of Police, Tirupattur Taluk Police station, Tirupattur. Crime No.508 of 2024. ...Respondent(s)

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PRAYER: Criminal Revision Case is filed under Section 438 r/w 442 of BNSS, 2023, to set - aside the order dated 03.01.2025 made in C.M.P.No.1622 of 2024 passed by the learned Special Judge for EC/NDPS Act Cases at Salem, and consequently return the vehicle to allow the above criminal revision petition.

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For Petitioner(s): Mr.M.N.Balakrishnan for Mr.R.Parthiban

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For Respondent(s): Mr.R.Vinothraja Government Advocate (Crl. Side) ORDER

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The revision challenges the dismissal of the petitioner's application

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seeking return of vehicle vehicle, namely, Ashok Leyland Lorry bearing Registration No.KA-01-AG-1794 seized during the course of investigation in

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Page No.1/5

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

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CRL RC No. 201 of 2026

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Crime No.508 of 2024, for the offences under Sections 8(c), 20(b)(ii)(B), 29(1), 25 of NDPS Act.

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It is the case of the prosecution that the lorry belonging to the petitioner was used by the driver and cleaner to transport 3.800 kgs of ganja and the vehicle was seized during the course of investigation. The petitioner, who is the power agent of the owner of the vehicle sought for return of the vehicle on the ground that the owner of the vehicle is not an accused. The said petition came to be dismissed by the impugned order dated 03.01.2025 passed in C.M.P.No.1622 of 2024 on the file of the learned Special Judge for EC/NDPS Act Cases, Salem.

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The learned counsel for the petitioner would submit that the vehicle was used on a contract basis and the owner of the vehicle is innocent; that the petitioner as power agent is entitled to file this petition; and since the owner of the vehicle is a proper person entitled to interim custody, the vehicle may be returned on any stringent conditions.

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4. The learned Government Advocate (Crl. Side) for the

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respondent, would confirm that the owner of the vehicle is not an accused and no confiscation proceedings have been initiated so far.

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Page No.2/5

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

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CRL RC No. 201 of 2026

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5. Admittedly, the owner of the vehicle is not an accused and the vehicle is lying idle at the Police Station since 10.07.2024. Hence, this Court is inclined to hand over the interim custody of the vehicle to the owner of the vehicle. Since the petition has been filed by the power agent, the following directions are issued:

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(i) Mrs.S.Deepika W/o Ezhilkumar, owner of the vehicle shall execute a personal bond for a sum of Rs.10,00,000/- (Rupees Ten Lakhs only) with two sureties for a likesum to the satisfaction of the learned Special Judge for EC/NDPS Act Cases, Salem;

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(ii) She shall produce the original RC Book along with a self-attested Photostat copy of the RC Book of the vehicle and other relevant records to prove her ownership. The learned Special Judge for EC/NDPS Act Cases at Salem, shall peruse the RC book and other records, retain a xerox copy of the same and return the original RC book to the petitioner;

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(iii) She shall file an affidavit before the trial Court stating that she will not alienate or alter the vehicle in any manner and that she will produce the vehicle as and when required by the respondent and by

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Page No.3/5

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

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CRL RC No. 201 of 2026

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the trial Court;

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(iv) The return of property would be subject to the result of the confiscation proceedings, if any.

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6. Accordingly, this Criminal Revision Case is allowed by setting