Madras High Court

CRL RC/2177/2026 of Pavunu @ Pounammal Vs The State Rep.by, The Station House Officer on 25 September 2026

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CRL RC No. 2177 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-10-2026

CORAM

THE HON'BLE MR.JUSTICE SUNDER MOHAN

CRL RC No. 2177 of 2026

CNR: {HCMA011609262026}

Pavunu @ Pounammal

..Petitioner(s)

Vs

The State Rep. by,

The Station House Officer,

Nettapakkam Police Station,

Puducherry District.

(Cr.No.95/2025)

..Respondent(s)

Prayer: The Criminal Revision Petition is filed under Section 438 r/w 442 of BNSS, to set aside the impugned order passed by the learned Special Judge (Under NDPS Act) (III Additional Sessions Judge) Puducherry in Crl.M.P.No.380/2026 dated 25.02.2026 and consequently direct the respondent to return the case property i.e., Car (Maruti Swift Dzire) (Registration No.PY-05-U-4223) with the interim custody of the petitioner, from the custody of the respondent police in Cr.No.95 of 2025.

For Petitioner(s):

Mr.Gokulvisvas C R

For Respondent(s):

Mr.A.Alexander,

Government Advocate (Puducherry)

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ORDER

The Criminal Revision challenges the dismissal of the petitioner’s application seeking the return of her car bearing Reg.No.PY-05-U-4223, which

CRL RC No. 2177 of 2026

was seized during the course of investigation in Crime No.95 of 2025 registered for the offence under Sections 20(b)(ii)(A) and 8(c) of the NDPS Act and Section 77 of the Juvenile Justice(Care and Protection of Children), Act, 2015.

2. The learned counsel for the petitioner would submit that the contraband was not seized from the vehicle of the petitioner; that the petitioner is the owner of the vehicle and entitled to interim custody of the vehicle; that the vehicle has been lying idle from the date of seizure, namely 08.09.2025; and that the vehicle may be returned on any stringent condition that may be imposed by this Court for return of her vehicle.

3. Mr A. Amarnath, the learned Counsel for Government of Tamil Nadu (Crl.Side), appearing for the respondent, confirms that the petitioner is not an accused; and that the confiscation proceedings have been initiated.

4. Considering the fact that the vehicle is lying idle at the police station and since the petitioner is the owner of the vehicle, this Court is inclined to hand over interim custody of the vehicle to the petitioner, subject to the result of the confiscation proceedings, 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

CRL RC No. 2177 of 2026

for a like sum 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 and other relevant records to prove his ownership. The learned District Munsif Cum Judicial Magistrate, Gummidipoondi, shall peruse the RC book and other records, retain a xerox copy of the same, and return the original RC book to the petitioner;

(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;

(v) The return of property would be subject to the result of the confiscation proceedings, if any.

5. Accordingly, this Criminal Revision Case is allowed, and the impugned order dated 25.02.2026 made in Crl.M.P.No.380 of 2026, passed by the learned Special Judge (Under NDPS Act) (III Additional Sessions Judge) Puducherry, is set aside. 01-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No TSG

CRL RC No. 2177 of 2026

SUNDER MOHAN, J. TSG To

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

2. The Station House Officer, Nettapakkam Police Station, Puducherry District.

3. The Public Prosecutor, Madras High Court. CRL RC No. 2177 of 2026 01-10-2026

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