Madras High Court
CRL RC/1933/2026 of V.Aswathi Vs The 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. 1933 of 2026
CNR: {HCMA012100962026}
V.Aswathi
D/o. Veeramani,
Door No.2-90, Main Road,
Kaarapidagai North,
Keezhvelur Taluk,
Nagapattinam-611104.
..Petitioner/Owner of the
property
Vs
The State Rep. by,
The Inspector of Police
Velankanni Police Station,
Nagapattinam.
Crime No.163 of 2026.
...Respondent/
Complainant
Prayer : Criminal Revision Petition filed under Section 438 r/w 442 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to set aside the impugned order passed by the District and Sessions Judge, Nagapattinam in Crl.MP.No.531 of 2026 dated 25.08.2026 and to direct the respondent to return the vehicle bearing Registration No.TN 51 AW 8627 to the petitioner forthwith.
For Petitioner:
Ms.R.Periyanayaki
For Respondent:
Mr.A.Amarnath,
Additional Public Prosecutor
( Uploaded on: 29/09/2026 04:30:44 pm )
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
The Criminal Revision challenges the dismissal of the petitioner’s application filed under Sections 497 and 503 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), for interim custody of the vehicle, i.e., a two-wheeler, Hero Honda Splendor Plus Motorcycle, bearing Registration No.TN-51-AW-8627, seized during the course of investigation in Crime No. 163 of 2026.
2. It is the case of the prosecution that the petitioner’s father was in possession of 55 sealed bottles of illicit Pondy liquor, 180 ml each, and therefore, a case was registered in Crime No.163 of 2026 for the offences under Sections 4(1)(A), 4(1)(c) of the Tamil Nadu Prohibition Amendment Act, 2024. Since the petitioner’s father 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 District and Sessions Judge, Nagapattinam, on the ground that confiscation proceedings have been initiated.
( Uploaded on: 29/09/2026 04:30:44 pm )
4. Ms.R.Periyanayaki, the learned counsel for the petitioner, would submit that the petitioner being the owner of the vehicle, she 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’s father is an habitual offender and there are nine cases pending against him, and if the vehicle 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’s father and since the 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
( Uploaded on: 29/09/2026 04:30:44 pm )
To
1. The District and Sessions Judge, Nagapattinam.
2. The Inspector of Police, Velankanni Police Station, Nagapattinam.
3. The Public Prosecutor, High Court of Madras, Chennai – 600 104.
( Uploaded on: 29/09/2026 04:30:44 pm )
SUNDER MOHAN, J. dk CRL RC No. 1933 of 2026 22-09-2026
( Uploaded on: 29/09/2026 04:30:44 pm )