Madras High CourtCRL RC/144/2019disposed of

N.Kumaresan v. State Rep By

2019-02-12Honourable Mr Justice P. Velmurugan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.02.2019

CORAM

THE HONOURABLE MR. JUSTICE P. VELMURUGAN Crl.R.C.No.144 of 2019 and Crl.M.P.No.1218 of 2019 N.Kumaresan

...Petitioner

Vs.

1.State, represented by The Additional Superintendent of Police, Prohibition Enforcemenet Wing, Villupuram District, 2.The Inspector of Police, Prohibition Enforcemenet Wing, Tirukovilur, Villupuram District, [Crime No.718 of 2018].

... Respondents Prayer: Criminal Revision Case filed under Sections 397 and 401 of Criminal Procedure Code, to set aside the order in Crl.M.P.No.5217 of 2018, dated 03.01.2019 on the file of Judicial Magistrate, Sankarapuram and direct the first respondent to produce the vehicle being Mahendra Max Pick Up Van bearing Registration No.TN-73-M-5816 before the learned Judicial Magistrate, Sankarapuram and further direct the learned Judicial Magistrate, Sankarapuram to return the above said vehicle to the petitioner herein.

For Petitioner : Mr.M.Vijayaraghavan For Respondents : Mr.R. Ravichandran Government Advocate

O R D E R

This Revision Case is filed by the revision petitioner to set aside the order in Crl.M.P.No.5217 of 2018, dated 03.01.2019 passed by the learned Judicial Magistrate, Sankarapuram and seeking a direction, directing the first respondent to produce the vehicle being Mahendra Max Pick Up Van bearing Registration No.TN-73-M-5816 before the learned Judicial Magistrate, https://hcservices.ecourts.gov.in/hcservices/

Sankarapuram and further directs the learned Judicial Magistrate, Sankarapuram to return the above said vehicle to the petitioner herein.

2.The revision petitioner is the owner of the vehicle being Mahendra Bolero Pick Up bearing Registration No.TN-73-M-5816. According to the petitioner, no notice was served on him in the confiscation proceedings and the prosecution is not able to prove as to whether the notice has been served on the petitioner or not. Therefore, under these circumstances, the respondents are directed to serve the notice on the revision petitioner and take appropriate action in accordance with law. 3.With the above direction, the Criminal Revision Petition is disposed of. Consequently, connected Crl.M.P.No.1204 of 2019 is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar msm To

1. The Judicial Magistrate, Sankarapuram.

2.The Additional Superintendent of Police, Prohibition Enforcemenet Wing, Villupuram District, 3.The Inspector of Police, Prohibition Enforcemenet Wing, Tirukovilur, Villupuram District, 4.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.M.Vijayaraghavan, Advocate Sr.No.12436 Crl.R.C.No.144 of 2019 RK(CO) CSL/12.03.2019 https://hcservices.ecourts.gov.in/hcservices/