Kumar vs State Of Tamilnadu Rep By In

CRL RC(MD) No. 1673 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved On: 14.10.2026
Delivered On: 30.10.2026
CORAM:
THE HONOURABLE MR.JUSTICE B.MURUGESAN
CRL RC(MD) No. 1673 of 2026
CNR:{HCMD011393162026}
Kumar ... Petitioner
Vs.
State Of Tamilnadu Rep By Inspector Of Police,
Vedasandur Police Station,
Dindigul District.
(Crime No. 245 of2026) ... Respondent
PRAYER: Criminal Revision filed under Section 438 and 442 BNSS to
To call for the entire records pertaining to the order passed by the
Learned Principal Special Court for Narcotic Drugs and Psychotropic
Substances Act cases, Madurai District in Cr.M.P.No. 1808 of 2026 dt.
24.08.2026 and set aside the same and consequently direct the above said
Learned Principal Special Court for Narcotic Drugs and Psychotropic
Substances Act cases, Madurai District to return the petitioner APE
AUTO D3S PASSENGERS BS-III bearing Registration No.TN-57-
AQ-2941 kept in the custody of the above said learned EC-NDPS Court
in connection with the case in Crime No.245 of 2026 on the file of the
respondent Police.
For Petitioner : Mr.T.Karthick
For Respondent : Mrs.V.Moushica,
Counsel for State of TN(Crl.Side)
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CRL RC(MD) No. 1673 of 2026
ORDER
Heard and admitted.
02. With the consent of both parties, this criminal revision was
taken up for final hearing on 14.10.2026.
03. Claiming an order setting aside the dismissal order dated
24.08.2026 of the Additional District Judge, Principal Special Court
for Narcotic Drugs and Psychotropic Substances Act Cases, Madurai,
hereinafter referred to as ‘the special court’ for the sake of brevity,
passed in Crl.MP.No.1808/2026, an application filed by the revision
petitioner/petitioner/owner of the vehicle under S.497 and S.503 BNSS
for an order granting him interim custody of a vehicle, APE AUTO
D3S PASSENGERS BS III, bearing registration number TN 57 AQ
2941, the property in PR No.303/2026 involved in Cr No.245/2026
under S.8(c) r/w S.20(b)(ii)(B), S.25 and S.29(i) NDPS Act on the file
of Vedasandur Police Station, Dindigul District, the revision petitioner/
petitioner/owner of the vehicle has filed this Criminal Revision
Petition under S.438 BNSS.
04. For the sake of convenience, the parties are referred
hereunder according to their litigative status and ranking in this
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CRL RC(MD) No. 1673 of 2026
criminal revision, 'the revision petitioner' and 'the revision respondent',
unless the context otherwise requires.
05. Sans minute details, the case of the revision petitioner in the
special court is that a vehicle, APE AUTO D3S PASSENGERS BS III,
bearing registration number TN 57 AQ 2941, is said to have involved
in Cr No.245/2026 under S.8(c) r/w S.20(b)(ii)(B), S.25 and S.29(i)
NDPS Act on the file of Vedasandur Police Station, Dindigul District,
that in pursuance of such registration of the criminal case, the aforesaid
property has been seized by the respondent police, that the revision
petitioner is the owner of the vehicle, that revision petitioner is not the
accused, that the aforesaid property is now in the interim custody of
the respondent police but without proper care or maintenance, that the
aforesaid property, if left idle without proper maintenance, would
become useless and ruined and that therefore, the interim custody of
the aforesaid property needs to be granted to the revision petitioner
being its owner.
06. Bereft of unnecessary details, the case of the revision
respondent in the special court is that the vehicle concerned has been
used for the smuggling of 1.150kgs of ganja, that the investigation is
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CRL RC(MD) No. 1673 of 2026
still pending, that if the property concerned is returned to the revision
petitioner, it would be used for the commission of similar offence or it
might be sold by the revision petitioner and that therefore, this criminal
miscellaneous petition seeking such interim custody of the property
concerned deserves for dismissal.
07. Neither the revision petitioner nor the revision respondent
has chosen to lead any evidence, either oral or documentary, before the
special court.
08. On enquiry, the special court has dismissed the criminal
miscellaneous petition in Crl.MP.No.1808/2026 on the finding that the
vehicle concerned has been used for the smuggling of ganja and that
the investigation is still pending.
09. Heard both sides, and perused all material records.
10. Learned counsel for the revision petitioner would submit that
the dismissal of the claim of interim custody of the property is not only
against law but also against the settled principles on such grant of
interim custody of the vehicles, that the special court, without due
application of its judicial mind, has simply accepted the objections
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CRL RC(MD) No. 1673 of 2026
raised by the revision respondent and thereby dismissed the criminal
miscellaneous petition in mechanical manner, that therefore, the order
of the special court is obviously liable to be interfered with and that
therefore, this criminal revision petition, in the interest of justice, needs
to be allowed, setting aside the order of the special court and thereby
granting the interim custody of the property concerned.
11. Learned counsel for the State (Crl Side) appearing for the
revision respondent would submit that the vehicle concerned has been
used for the smuggling of 1.150kgs of ganja, the investigation is still
pending, that if the property concerned is returned to the revision
petitioner, it would be used for the commission of similar offence or it
might be sold by the revision petitioner, that therefore, the order of the
special court is lawful and perfect and that therefore, this criminal
revision petition deserves for dismissal in limine .
12. On careful consideration of the criminal revision petition
filed by the revision petitioner, the related material records and the
submissions made on both sides, this court formulates the following
point for determination:
Whether the revision petitioner is entitled to get
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CRL RC(MD) No. 1673 of 2026
such order setting aside the dismissal order dated
24.08.2026 of the special court in Crl MP No.1808/2026,
an application filed by the revision petitioner/petitioner/
owner of the vehicle under S.497 and S.503 BNSS for an
order granting him interim custody of a vehicle, APE
AUTO D3S PASSENGERS BS III, bearing registration
number TN 57 AQ 2941, the property in PR No.303/2026
involved in Cr No.245/2026 under S.8(c) r/w S.20(b)(ii)
(B), S.25 and S.29(i) NDPS Act on the file of Vedasandur
Police Station, Dindigul District, as prayed for?
14. The Point
(1) S.497 BNSS deals inter alia with the custody of the property,
produced before a criminal court, pending investigation, inquiry or
trial. S.498 BNSS deals inter alia with the delivery of the property,
produced before a criminal court, at the conclusion of investigation,
inquiry or trial. S.503 BNSS deals inter alia with the delivery of the
property, not produced before a criminal court.
(2) S.497 BNSS would read as under:
497. Order for custody and disposal of property pending
trial in certain cases.
(1) When any property is produced before any Criminal
Court or the Magistrate empowered to take cognizance or
commit the case for trial during any investigation, inquiry or
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CRL RC(MD) No. 1673 of 2026
trial, the Court or the Magistrate may make such order as it
thinks fit for the proper custody of such property pending the
conclusion of the investigation, inquiry or trial, and, if the
property is subject to speedy and natural decay, or if it is
otherwise expedient so to do, the Court or the Magistrate may,
after recording such evidence as it thinks necessary, order it to
be sold or otherwise disposed of.
Explanation.-For the purposes of this section, "property"
includes-(a) property of any kind or document which is
produced before the Court or which is in its custody;
(b) any property regarding which an offence appears to
have been committed or which appears to have been used
for the commission of any offence.
(2) The Court or the Magistrate shall, within a period of
fourteen days from the production of the property referred to in
sub-section (1) before it, prepare a statement of such property
containing its description in such form and manner as the State
Government may, by rules, provide.
(3) The Court or the Magistrate shall cause to be taken the
photograph and if necessary, videograph on mobile phone or any
electronic media, of the property referred to in sub-section (1).
(4)The statement prepared under sub-section (2) and the
photograph or the videography taken under sub-section (3) shall
be used as evidence in any inquiry, trial or other proceeding
under the Sanhita.
(5) The Court or the Magistrate shall, within a period of
thirty days after the statement has been prepared under sub-
section (2) and the photograph or the videography has been
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CRL RC(MD) No. 1673 of 2026
taken under sub-section (3), order the disposal, destruction,
confiscation or delivery of the property in the manner specified
hereinafter.
(3) S.498 BNSS (relevant provisions thereof) would read as
under:
498. Order for disposal of property at conclusion of trial.
(1) When an investigation, inquiry or trial in any criminal
case is concluded, the Court or the Magistrate may make such
order as it thinks fit for the disposal, by destruction, confiscation
or delivery to any person claiming to be entitled to possession
thereof or otherwise, of any property or document produced
before it or in its custody, or regarding which any offence
appears to have been committed, or which has been used for the
commission of any offence.
(2) An order may be made under sub-section (1) for the
delivery of any property to any person claiming to be entitled to
the possession thereof, without any condition or on condition
that he executes a bond, with or without securities, to the
satisfaction of the Court or the Magistrate, engaging to restore
such property to the Court if the order made under sub-section
(1) is modified or set aside on appeal or revision.
…………..
…………..
(4) S.503 BNSS (relevant provision thereof) would read as
under:
503. Procedure by police upon seizure of property.
(1) Whenever the seizure of property by any police officer
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CRL RC(MD) No. 1673 of 2026
is reported to a Magistrate under the provisions of this Sanhita,
and such property is not produced before a Criminal Court
during an inquiry or trial, the Magistrate may make such order as
he thinks fit respecting the disposal of such property or the
delivery of such property to the person entitled to the possession
thereof, or if such person cannot be ascertained, respecting the
custody and production of such property.
…………
(5) Therefore, it is clear that S.497, S.498 and S.503 BNSS deal
with the custody or delivery, as the case may be, of the property
involved in a criminal case, and such claim of custody or delivery can
be made by a person entitled to the possession thereof.
(6) A vehicle is said to have involved in this case on hand and
accordingly, the aforesaid property have been seized by the police.
(7) On careful study on the order dated 24.08.2026 of the special
court passed in Crl MP No.1808/2026, this court finds that the special
court has dismissed the aforesaid application filed under S.497 BNSS
on the ground that the vehicle concerned has been used for the
smuggling of ganja and that the investigation is still pending.
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CRL RC(MD) No. 1673 of 2026
(8) At this juncture, this court would like to refer to the decision
of Hon'ble Supreme Court in Sunderbhai Ambalal Desai V State of
Gujarat ((2002) 10 SCC 283) and the relevant portion thereof would
read as under:
' 17 . In our view, whatever be the situation, it is of no
use to keep such seized vehicles at the police stations for a
long period. It is for the Magistrate to pass appropriate
orders immediately by taking appropriate bond and
guarantee as well as security for return of the said
vehicles, if required at any point of time. This can be done
pending hearing of applications for return of such
vehicles.'
(9) Selvam V State by Inspector of Police (2012 (1) MWN
(Cr) 288) is also a case where this court, while dealing with the return
of a vehicle to the claimant/owner of the vehicle, has held as under:
' 6 ……………, it would be seen that in directing
return of vehicles, even to Owner of the vehicle persons,
in the manner contemplated in the decisions of the Apex
Court of Sunderbhai Ambalal Desai V State of Gujarat,
2003 (1) CTC 175 and General Insurance Council and
others V State of Andhra Pradesh and others, 2010 (6)
SCC 768, no trampling of powers bestowed upon the
special courts under Section 452 CrPC is involved.
Therefore, it would be fit and proper to deal with
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CRL RC(MD) No. 1673 of 2026
applications seeking return of vehicles without being
clouded with the vision of the claimant being an Owner of
the vehicle.'
(10) Incidentally, this court would like to refer to the recent
decision of the Hon'ble Supreme Court in R.Manimaran V State of
Tamil Nadu (2026 INSC 946) , where it has been held as under:
13 . It cannot be forgotten that the vehicle kept in the
custody of the Police or the Court, during the pendency of
the trial, may deteriorate and become unusable in the long
run. It is hence the finding of this Court in Biswajit Dey
that the provisions of Sections 451 and 457 of the CrPC
(or the analogous provisions of the BNSS) can be invoked
even in NDPS cases.
(11) It is therefore clear that keeping a vehicle involved in an
offence, either in police station or in court, for a long time is not
warranted and that an application seeking the interim custody of the
vehicle needs to be dealt with judiciously and expeditiously even in
NDPS cases, regardless of the fact that the applicant is the owner of the
vehicle in the offence concerned.
(12) No confiscation proceedings are reported to have been
initiated against the vehicle concerned.
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CRL RC(MD) No. 1673 of 2026
(13) Resultantly, this court holds that the revision petitioner is
entitled to get the interim custody of the vehicle in such terms as
detailed hereunder, and this point is decided accordingly.
14. In the result,
(1) that this criminal revision petition filed by the revision
petitioner/ petitioner/owner of the vehicle is hereby allowed,
(2) that the order dated 24.08.2026 of the special court in
Crl.MP.No.1808/2026 is hereby reversed,
(3) that the criminal miscellaneous petition in
Crl.MP.No.1808/2026 on the file of the special court is hereby allowed
but on the conditions,
(i) that the revision petitioner/petitioner/ owner of the vehicle
shall execute a bond for a sum of Rs.1,00,000/- with two
sureties for the like sum each to the satisfaction of the special
court,
(ii) that the revision petitioner/petitioner/owner of the vehicle
shall file into the special court the photographs showing all
the four sides of the vehicle along with the original
registration certificate, and
(iii) that the revision petitioner/petitioner/ owner of the
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CRL RC(MD) No. 1673 of 2026
vehicle, in view of the prayer of ‘interim custody’, shall
execute an undertaking, in the form of an affidavit, before the
special court to the effect that he shall produce the vehicle, as
it is, before the court as and when directed,
(4) that special court is hereby directed to hand over the vehicle
concerned to the revision petitioner/petitioner/ owner of the vehicle
only after the compliance by the revision petitioner/petitioner/ owner
of the vehicle of the aforesaid conditions.
30.10.2026
Index : Yes / No
Neutral Citation : Yes / No
gns
To
1.The Principal Special Court for Narcotic Drugs and Psychotropic
Substances Act cases, Madurai District
2.The Inspector Of Police,
Vedasandur Police Station,
Dindigul District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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CRL RC(MD) No. 1673 of 2026
B.MURUGESAN, J.
gns
Order made in
CRL.RC.(MD)No.1673 of 2026
30.10.2026
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