Allowed

Indhumathi v. State Of Tamilnadu Rep By Inspector Of Police, Poovanthi

Madras HC29 Apr 2026CRL RC(MD)/758/2026

Case brief

AI extract

What is this about?

Owner sought return of a scooter seized in an NDPS case after the magistrate dismissed her custody petition. The High Court allowed the revision, holding that keeping the vehicle exposed would diminish its value, and ordered interim return subject to deposit, bond, RC Book production and undertaking conditions.

What did the court decide?

Impugned order set aside; scooter TN 58 CY 0010 returned to petitioner for interim custody on conditions including Rs.10,000 deposit, bond with two sureties and monthly production.

Indhumathi Vs State Of Tamilnadu Rep By Inspector Of Police… — Narcotics (NDPS) | Madras HC (2026)

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Crl.R.C.(MD)No.758 of 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 29.04.2026

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CORAM

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THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

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Crl.R.C.(MD)No.758 of 2026

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Indhumathi ... Petitioner/

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Owner of the Vehicle Vs.

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The State of Tamil Nadu rep. by The Inspector of Police, Poovanthi Police Station, Sivagangai District. (Crime No.9 of 2026) ... Respondent/Respondent/ Complainant

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PRAYER : Criminal Revision Case filed under Section 438 r/w 442 B.N.S.S., to call for the records pertaining to the order dated 18.02.2026 made in Crl.M.P.No. 57 of 2026 passed by the Learned District Munsif cum Judicial Magistrate Court, Thiruppuvanam and set aside the same by allowing this revision petition.

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For Petitioner : Mr.B.Santhanam Rajesh Kumar

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For Respondent : Mr.S.S.Manoj Government Advocate (Crl. Side)

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

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Crl.R.C.(MD)No.758 of 2026

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ORDER

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The Criminal Revision is directed against the order passed in Crl.M.P.No.57 of 2026 in Crime No.9 of 2026 dated 18.02.2026 on the

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file of the District Munsif cum Judicial Magistrate Court, Thiruppuvanam, dismissing the petition filed under Section 497 of B.N.S.S.

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The petitioner claims to be the owner of the Two Wheeler, namely Honda DIO 125 SMART (Scooter) bearing Registration No.TN 58 CY 0010. The respondent police has registered a case in Crime No.9 of 2026 for the offences under Sections 8(c), 20(b)(ii)(A) and 25 of the NDPS Act and seized the above said vehicle for having possession of 30 grams of ganja. Thereafter, the petitioner filed Crl.M.P.No.57 of 2026 for return of vehicle before the learned District Munsif cum Judicial Magistrate Court, Thiruppuvanam, and the same was dismissed on 18.02.2026.

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The petitioner preferred this Criminal Revision Petition as

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against the order dated 18.02.2026 made in Crl.M.P.No.57 of 2026 on

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

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Crl.R.C.(MD)No.758 of 2026

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the file of the learned District Munsif cum Judicial Magistrate Court, Thiruppuvanam, and to set aside the same.

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Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent.

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The learned Government Advocate (Criminal side) appearing for the respondent submitted that if the vehicle is returned to the petitioner, there is possibility for the vehicle being used for the commission of similar offence and objected to grant interim custody of the vehicle to the petitioner.

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The learned counsel appearing for the petitioner would submit that the Two Wheeler, namely Honda DIO 125 SMART (Scooter) bearing Registration No.TN 58 CY 0010 is owned by the petitioner and he was not involved in any such offence as alleged by the respondent and if the vehicle is kept in open place, the vehicle will get deteriorated and the value of the vehicle would automatically stand diminished and that therefore interim custody may be granted to the petitioner.

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

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Crl.R.C.(MD)No.758 of 2026

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Considering the fact that if the vehicle is kept in open place exposing to sun and rain, the value of the vehicle will be deteriorated and no purpose will be served in keeping the vehicle in custody, this Court is inclined to allow the revision and thereby setting aside the impugned order dated 18.02.2026 passed in Crl.M.P.No.57 of 2026 by the learned District Munsif cum Judicial Magistrate Court, Thiruppuvanam .

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Accordingly, this Criminal Revision Case is allowed and the order dated 18.02.2026, passed in Crl.M.P.No.57 of 2026 by the learned District Munsif cum Judicial Magistrate Court, Thiruppuvanam, is hereby set aside and the vehicle / Two Wheeler, namely Honda DIO 125 SMART (Scooter) bearing Registration No.TN 58 CY 0010, is ordered to

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be returned to the petitioner for interim custody subject to the confiscation proceedings to be taken by the concern Department or by the Court on the following conditions:-

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(a) the petitioner is directed to deposit a sum of Rs.10,000/-

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(Rupees Seventy Five Thousand only) as non-refundable

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to the credit of MANOLAYA, Bank Name: INDIAN

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

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Crl.R.C.(MD)No.758 of 2026

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OVERSEAS BANK, A/c No:025302000000284, A/c Name: MANOLAYA, Branch: Kottaram, IFSC code: IOBA0000253 ;

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(b)the petitioner shall execute a bond for a sum of Rs.

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15,000/- (Rupees Fifteen Thousand only), with two sureties for a likesum to the satisfaction of the learned District Munsif cum Judicial Magistrate Court, Thiruppuvanam ;

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vehicle before the learned District Munsif cum Judicial Magistrate Court, Thiruppuvanam. If the original RC Book is in the custody of the finance company, the petitioner shall produce a photocopy of the RC Book, along with an affidavit stating that the original is with the finance company and a letter from the finance company acknowledging such custody.

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(d)the petitioner shall give an undertaking before the respondent/ authority concerned stating that he will not use the vehicle in question for any illegal activities in

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

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Crl.R.C.(MD)No.758 of 2026

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future, failing which the respondent/trial Court is at

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liberty to confiscate the vehicle;

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(e) the petitioner shall not alienate and shall not make any

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alteration in the vehicle;

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(f) the petitioner shall produce the vehicle before the learned Trial Court once in a month i.e, on 1^st Monday of every English calendar month;

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29.04.2026

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NCC : Yes / No Index : Yes / No Internet : Yes / No

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gbg

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1.The District Munsif cum Judicial Magistrate, Thiruppuvanam.

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2.The Inspector of Police, Poovanthi Police Station, Sivagangai District.

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3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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

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Crl.R.C.(MD)No.758 of 2026

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L.VICTORIA GOWRI ,J.

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gbg

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Order made in Crl.R.C.(MD)No.758 of 2026

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Dated: 29.04.2026

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

Indhumathi v. State Of Tamilnadu Rep By Inspector Of Police, Poovanthi

Case brief

What is this about?

What did the court decide?

Indhumathi v. State Of Tamilnadu Rep By Inspector Of Police, Poovanthi

Case brief

What is this about?

What did the court decide?

What the court decided

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