Madras High Court
CRL RC/1880/2026 of Karunakaran Vs State Rep by The Inspector of Police on 22 September 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22-09-2026
CORAM
THE HON'BLE MR.JUSTICE SUNDER MOHAN
CRL RC No. 1880 of 2026
CNR: {HCMA011995992026}
Karunakaran
S/o.Raja,
No.60, Bajanai Kovil Street,
Nayambakkam, Valarpuram,
Thiruvallur District.
...Petitioner/Owner of
the property
Vs
State Rep by.
The Inspector of Police,
Manavalanagar Police Station,
Thiruvallur District.
Crime No.94 of 2026.
..Respondent/
Complainant
Prayer : Criminal Revision Petition filed under Section 483 r/w 442 of B.N.S.S praying to set aside the order dated 01.08.2026 made in Crl.M.P.No.3445 of 2026 on the file of the Judicial Magistrate No.II at Thiruvallur, dismissing the petition to return the property “Two Wheeler Honda Activa bearing Registration No.TN-20-DJ-7210” Engine Number:
JK15E7092101 and Chassis Number ME4JK158KRGO92084 by allowing the above Criminal Revision petition.
For Petitioner:
Mr.A.Tamilselvan
For Respondent:
Mr.A.Amarnath,
Additional Public Prosecutor
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ORDER
The Criminal Revision challenges the dismissal of the petitioner’s application filed under Section 497 r/w 503 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), for interim custody of the vehicle, i.e., a two-wheeler, Honda Activa, bearing Registration No.TN-20-DJ-7210, Engine Number: JK15E7092101, and Chassis Number: ME4JK158KRGO92084 seized during the course of investigation in Crime No. 94 of 2026.
2. It is the case of the prosecution that the petitioner was in illegal possession of 67 brandy bottles (180 ml each), and therefore, a case was registered in Crime No. 94 of 2026 for the offences under Sections 296(b) and 132 of the Bharatiya Nyaya Sanhita (BNS) r/w 4(1)(A) of the Tamil Nadu Prohibition Act. Since the petitioner was in possession of the vehicle, the same was seized.
3. The petitioner/owner of the property sought for return of the vehicle, and the same came to be dismissed by the learned Judicial Magistrate No. II, Thiruvallur, on the ground that confiscation proceedings have been initiated.
4. Mr.A.Tamilselvan, the learned counsel for the petitioner, would submit that the petitioner being the owner of the vehicle, he is the proper person entitled to interim custody of the vehicle, and since it is lying idle at the police station, the vehicle may be returned to the petitioner.
5. Mr.A.Amarnath, the learned Additional Public Prosecutor for the respondent, per contra, submitted that the petitioner is an habitual offender and there are nine cases pending against him, and if the vehicle seized is released, he is likely to indulge in similar cases. He would also submit that the confiscation proceedings have been initiated.
6. Considering the antecedents of the petitioner and since the petitioner himself is an accused and confiscation proceedings have been initiated, this Court is not inclined to grant interim custody of the vehicle to the petitioner. Hence, the criminal revision petition stands dismissed. 22-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No dk To
1. The Judicial Magistrate No.II, Thiruvallur.
2. The Inspector of Police, Manavalanagar Police Station,
3. The Public Prosecutor, High Court of Madras, Chennai – 600 104.
SUNDER MOHAN, J. dk CRL RC No. 1880 of 2026 22-09-2026