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Judgment
This Criminal Revision Case is preferred against the order dated 12.03.2026 passed in Crl.M.P.No.188 of 2026 by the learned Additional District Munsif cum Judicial Magistrate, Sivagiri, declining to grant custody of a Honda Motor Cycle motorcycle bearing Registration No.TN-79-L-6486, seized in connection with Crime No.21 of 2026 of the respondent police.
The case of the prosecution in brief reads as follows:
The petitioner is claimed to be a registered owner of the petition mentioned two wheeler namely Honda Motor Cycle bearing Registration No.TN-79-L-6486 was alleged to have been in possession of 850 grams of ganja, tobacco products and some liquor bottles and hence, the respondent police had registered a case in Crime No.21 of 2026 for the offences punishable under Sections 8(c) and 20(b)(ii)(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985, Section 24(1) of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 and Section 4(1)(A) of the Tamil Nadu Prohibition (Amendment) Act, 2024. The vehicle and the contraband were seized and kept in the custody and the investigation is in progress.
The case of the petitioner in brief reads as follows:
The petitioner is the registered owner of the petition mentioned vehicle namely Honda Motor Cycle bearing Registration No.TN-79-L-6486 and asserted that the said vehicle is required for his day to day livelihood and the continuous retention of the same in the open space would result in deterioration and loss of value and hence, sought to return his vehicle.
The case of the prosecution on behalf of the respondent reads as follows:
The learned Government Advocate (Criminal Side) would submit that the petitioner is arrayed as accused No.4 in this case and that the release of the vehicle would seriously prejudice the prosecution case and that there is every possibility of the vehicle being alienated, transferred, altered or misused.
Both side heard and records perused. The alleged date of occurrence is on 14.01.2026 and subsequently, the petition mentioned vehicle was seized and remanded to judicial custody. The case of the prosecution is that the petition mentioned vehicle was utilised in possessing of 850 grams of ganja, tobacco products and some liquor bottles. The petitioner is arrayed as accused No.4 in this case. It is to reiterate that the alleged date of occurrence is on 14.01.2026 and thus, the major portion of investigation might have been completed by considering the date of occurrence and the First Information Report. By considering the principle laid down by the Hon'ble Supreme Court of India in Bishwajit Dey vs The State Of Assam, Denash -vs- The State of Tamil Nadu, Sainaba -vs- State of Kerala and Another and M/s.ABC Express -vs- State of Gujarat reported in (2025) 3 SCC 241, 2025 INSC 1258, (2024) 13 SCC 382 and 2026 INSC 940 respectively, in addition to the following case law of this Court in (i) Murugan -vs- State, Rep. By, the Inspector of Police, Avaniyapuram Police Station, Madurai District in CRL.RC(MD).No.753 of 2025 dated 27.11.2025, (ii) Kumaresan -vs-The State of Tamil Nadu, Rep.by the Inspector of Police, PEW Police Station, Cuddalore District in CRL.RC(MD).No.811 of 2025 dated 27.11.2025, (iii) Nahoorkani -vs- The State, Represented by the Inspector of Police, Puliyangudi Police Station, Tirunelveli District in CRL.RC(MD).No.41 of 2019 dated 16.06.2023, (iv) Sudhakar -vs- State of Tamil Nadu, Rep. by the Inspector of Police, PEW Thoothukudi Police Station, Thoothukudi District in CRL.RC(MD).No.1048 of 2025 dated 27.11.2025, (v) Sivasubramanian -vs- State in CRL.RC.No.314 of 2026 dated 12.06.2026, (vi) V.Ganapathi -vs- State rep. by its The Sub-Inspector of Police, Karuppur Police Station, Salem City in CRL.RC(MD).No.385 of 2022 dated 28.03.2022, (vii) M.Balamurugan -vs- The Deputy Superintendent of Police, Prohibition Enforcement Wing, Dindigul in CRL.RC(MD).No.674 of 2022 dated 22.07.2022, (viii) Pushpavalli -vs- The State Represented by, Station House Officer, PE Wing Villupuram P.S., Villupuram District in CRL.RC(MD).No. 1119 of 2026 dated 05.06.2026 and (ix) Divya -vs- The State Rep.By, The Inspector of Police, Karumathampatti Police Station, Coimbatore in CRL.RC(MD).No.11333 of 2026 dated 09.06.2026, this Court is inclined to set aside the order of the learned Additional District Munsif cum Judicial Magistrate, Sivagiri in Crl.M.P.No.188 of 2026 dated 12.03.2026 and inclined to grant the petitioner with an interim custody of the petition mentioned vehicle bearing Registration No.TN-79-L-6486 (Honda Motor Cycle), on proving his ownership, subject to confiscation proceedings, if any, on the following terms and conditions:
the petitioner shall deposit a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) to the credit of the Crime No.21 of 2026 on the file of the respondent-police, before the Additional District Munsif cum Judicial Magistrate, Sivagiri, within a period of fifteen days (15) from the date on which the order copy is made ready. In turn, the Additional District Munsif cum Judicial Magistrate, Sivagiri shall deposit the said amount in an interest bearing Fixed Deposit in any nationalized Bank initially for a period of one year and renew them periodically until the final order / judgment is passed in the case in Crime No.21 of 2026. The learned Judicial Magistrate or Trial Court shall pass orders qua entitlement of the said amount in its final order / Judgment;
the petitioner shall execute a bond for a sum of Rs. 25,000/- (Rupees Twenty Five Thousand only), with two sureties each for a like sum to the satisfaction of the learned Additional District Munsif cum Judicial Magistrate, Sivagiri;
the petitioner shall produce the copy of Registration Certificate Book of the vehicle before the learned Additional District Munsif cum Judicial Magistrate, Sivagiri. If the original Registration Certificate Book is in the custody of the finance company, the petitioner shall produce a photocopy of the Registration Certificate Book, along with an affidavit stating that the original is with the finance company and a letter from the finance company acknowledging such custody.
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 future, failing which the respondent/trial Court is at liberty to confiscate the vehicle;
the petitioner shall not alienate or encumber or alter the vehicle;
the petitioner shall produce the vehicle before the Trial Court as and when required by it.
Before handing over custody, the Investigating Officer shall prepare a detailed panchnama of the vehicle, together with photographs and videography of its condition, in the presence of the petitioner herein and two independent witnesses, and shall place the same on the record of the Trial Court.
It is made clear that this order deals only with interim custody of the vehicle and does not express any opinion on the merits of the prosecution in Crime No.21 of 2026 or on the ultimate liability for confiscation under Sections 60 and 63 of the NDPS Act.
The Criminal Revision Petition is allowed in the above terms.