CRL RC/1610/2026 of Vanaja Vs State rep. by The Station House Officer on 25 September 2026

ORDER

This Criminal Revision Case challenges the order dated 25.02.2026 passed in Crl.M.P.No.378 of 2026 on the file of the Special Judge (Under NDPS Act) III Additional Sessions Judge, Puducherry, dismissing the

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petitioner's application seeking the return of a vehicle seized during the course of an investigation in Crime No.170 of 2025, registered for the offences under Sections 20(b)(ii)(B) and 8(c) of the NDPS Act and Section 77 of the Juvenile Justice (Care and Protection of Children) Act.

2. The petitioner, claiming to be the owner of the motorcycle bearing Registration No.PY-01-CZ-0660, sought the return of the said vehicle on the grounds that it belongs to her; that she is not an accused, and that the vehicle is lying idle. However, the learned Special Judge (Under NDPS Act) III Additional Sessions Judge, Puducherry, vide the impugned order dated 25.02.2026, dismissed the said petition stating that the release of vehicle will cause prejudice to the investigation of the case.

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. Per contra, the learned Additional Public Prosecutor appearing for the respondent confirmed that the petitioner is not an accused; and submitted that a request has been made to the Superintendent of Police to initiate

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confiscation proceedings. However, he fairly submitted that he has no serious objection to the grant of interim custody to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Admittedly, the petitioner is not an accused in this case and that he is the owner of the vehicle, which is now kept at the police station. Therefore, this Court is of the view that the petitioner is entitled to the interim custody of the vehicle, subject to the confiscation proceedings.

7. Accordingly, this Criminal Revision Case is allowed and the impugned order dated 25.02.2026 passed in Crl.M.P.No.378 of 2026 on the file of the Special Judge (Under NDPS Act) III Additional Sessions Judge, Puducherry, is set aside. In view of the same, the interim custody of the vehicle bearing Registration No.PY-01-CZ-0660, is directed to be returned to the petitioner on the following conditions:

(i) The petitioner shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two sureties for a likesum to the satisfaction of the learned Special Judge (Under NDPS Act) III Additional Sessions Judge, Puducherry;

(ii) The petitioner shall produce the original RC Book along with a self-attested Photostat copy of the RC Book of the vehicle

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and other relevant records to prove her ownership. The learned Special Judge (Under NDPS Act) III Additional Sessions Judge, Puducherry, shall peruse the RC book and other records, 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 she 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. 25-09-2026 Neutral Citation: Yes/No ham To

1. The Special Judge (Under NDPS Act) III Additional Sessions Judge, Puducherry.

2. The Station House Officer, Thavalakuppam Police Station, Puducherry.

CRL RC No. 1610 of 2026

SUNDER MOHAN, J. ham CRL RC No. 1610 of 2026 25-09-2026