CRL RC/2045/2026 of Rajeswari Vs The State Rep. by, The Inspector of Police on 24 September 2026

ORDER

This revision challenges the order dated 12.06.2026 passed in Crl.M.P.No.409 of 2026 on the file of the Judicial Magistrate Court, Vanur, dismissing the petitioner's application seeking the return of a vehicle seized during the course of an investigation in Crime No.154 of 2026, registered for the offences under Sections 4(1)(A), 4(1)(C) and 14(A) of the Tamil Nadu Prohibition (Amendment) Act.

2. The petitioner, claiming to be the owner of the “Honda DIO” two- wheeler bearing Registration No.TN 14 AQ 2239, 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 Judicial Magistrate, Vanur, vide the impugned order dated 12.06.2026, dismissed the said petition on the ground that the vehicle is liable for confiscation.

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.

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CRL RC No. 2045 of 2026

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 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 she 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 12.06.2026 passed in Crl.M.P.No.409 of 2026 on the file of the learned Judicial Magistrate, Vanur, is set aside. In view of the same, the interim custody of the vehicle “Honda DIO” two-wheeler bearing Registration No.TN 14 AQ 2239, is directed to be returned to the petitioner on the following conditions:

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CRL RC No. 2045 of 2026

(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 Judicial Magistrate, Vanur;

(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 her ownership. The learned Judicial Magistrate, Vanur, 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 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, if any. 24-09-2026 Neutral Citation: Yes/No ham

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CRL RC No. 2045 of 2026

To

1. The Judicial Magistrate, Vanur.

2. The Inspector of Police PEW-Kottakuppam Police Station, Villupuram District.

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CRL RC No. 2045 of 2026

SUNDER MOHAN, J. ham CRL RC No. 2045 of 2026 24-09-2026

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