Madras High Court
CRL RC/2242/2026 of Venkatesh Vs State Rep by The Station House Officer on 30 September 2026
Crl.R.C.No.2242 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.09.2026
CORAM
THE HON'BLE MR.JUSTICE SUNDER MOHAN
Crl.R.C.No.2242 of 2026
CNR: {HCMA012262872026}
Venkatesh
..Petitioner
Vs.
State rep. by the Station House Officer, Auroville Police Station, Villuppuram District.
(Crime No.247 of 2026)
..Respondent
Prayer: Criminal Revision Case filed under Sections 438 & 442 of the BNSS
2023, praying to call for the records on the file of the learned Judicial Magistrate, Vanur, Villupuram District in Crl.M.P.No.758 of 2026 dated 01.09.2026 and set aside the order.
For Petitioner(s)
: Mr.M.Machavatharan
For Respondent(s)
: Mr.M.Amarnath,
Additional Public Prosecutor
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ORDER
This Revision challenges the order dated 01.09.2026 passed in Crl.M.P.No.758 of 2026 by the learned Judicial Magistrate, Vanur, Villupuram District, dismissing the petitioner's application seeking return of the vehicle seized during the course of an investigation in Crime No.247 of 2026, registered for the offences under Section 4(1)(A) of the Tamil Nadu Prohibition (Amendment) Act r/w. Section 14A of the Tamil Nadu Prohibition Act.
Crl.R.C.No.2242 of 2026
2. The petitioner, claiming to be the owner of the vehicle namely, TOYOTA ETIOS bearing Registration No.PY-01-DA-7723, Engine Number: 1ND1362144 and Chassis Number: MBJB4ZBT200078524, sought the return of the said vehicle on the grounds that the said vehicle belongs to him; that he is not an accused in Crime No.247 of 2026 and that, the vehicle is lying idle. However, the learned Judicial Magistrate, Vanur, Villupuram District, vide impugned order dated 01.09.2026, dismissed the said petition. Hence, this petition.
3. Learned counsel for the petitioner submitted that the vehicle has been lying idle at the police station since the date of its seizure. He further submitted that its value is depreciating due to adverse monsoon weather conditions, and that the property is no longer required for the purpose of investigation in the said case.
4. Learned Additional Public Prosecutor appearing for the respondent, confirms that the petitioner is not an accused; and that he has no serious objection to granting interim custody to the petitioner.
5. Heard both sides and perused the materials available on record.
Crl.R.C.No.2242 of 2026
6. Admittedly, the petitioner is not an accused in the case so far, and that he is the owner of the vehicle, which is now in the police station for about three months.
7. In view of the above and also considering the facts and circumstances of the case, this Court is inclined to set aside the impugned order and grant interim custody of the case vehicle viz., TOYOTA ETIOS bearing Registration No.PY-01-DA-7723, Engine Number: 1ND1362144 and Chassis Number: MBJB4ZBT200078524 in favour of the petitioner on the following conditions:-
(i) The petitioner shall execute a personal bond for a sum of Rs.3,00,000/- (Rupees Three Lakhs Only) with two sureties for a likesum to the satisfaction of the learned Judicial Magistrate, Vanur, Villupuram District;
(ii) The petitioner 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 his ownership. The learned Judicial Magistrate, Vanur, Villupuram District, shall retain the original RC book;
(iii) The petitioner shall not alter or alienate the vehicle in any manner;
(iv) The petitioner shall also give an undertaking that he will produce the vehicle as and when required by the respondent and by the Court below and;
(v) The return of property would be subject to the result of the confiscation proceedings, if any.
Crl.R.C.No.2242 of 2026
8. With the above directions and observation, this the Criminal Revision Case stands allowed. 30.09.2026 skt Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No To:
1. The Judicial Magistrate, Vanur, Villupuram.
2. The Station House Officer, Auroville Police Station, Villuppuram District.
3. The Public Prosecutor, Madras High Court.
Crl.R.C.No.2242 of 2026
SUNDER MOHAN, J. skt Crl.R.C.No.2242 of 2026 30.09.2026