Madras High CourtCRL RC/436/2017dismissed

R.Selvasekaran, Aged 49 Years, v. The State Rep. By

2017-03-22Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 22.03.2017

CORAM

THE HONOURABLE Mr.JUSTICE V.BHARATHIDASAN CRL.R.C.No.436 Of 2017 R.Selvasekaran .. Petitioner Vs The State rep by The Station House Officer, PEW, Kottakuppam, Tindivanam, Villupuram District.

.. Respondent PRAYER: This Criminal Revision Petition filed under Sections.397 & 401 of the Criminal Procedure Code against order dated 26.12.2016 passed by the Learned Judicial Magistrate No.II, Tindivanam in C.M.P.No.6268 of 2016.

For Petitioner :Mr.K.Thilagaraj For Respondent :Mr.R.Ravichandren Government Advocate(C.S)

ORDER

1.The Revision is filed against the order of dismissal in the application filed by the petitioner seeking to return the vehicle seized by the respondent police, involved in Crime No.663 of 2016, for the offence under Section.4(1)(a) of TNP Act.

2.The case of the petitioner is that his two wheeler bearing Reg.No.PY-01-AR-0236 was seized by the police and he filed an application before the Court under section 451 Cr.PC., Seeking return of the above vehicle. The Court dismissed the said application. Challenging the same, the petitioner had filed the present revision.

3.When the matter was taken up for hearing, the Learned Government Advocate appearing for the respondent submitted that already the vehicle has been confiscated by the competent authority by order dated 5.12.2016.

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4.In the above circumstances, since already vehicle has been confiscated by the competent authority, the relief sought for by the petitioner could not be granted.

5.In the result the revision petition is dismissed. However liberty is given to the petitioner to challenge the confiscation proceedings, if he so advanced.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To 1.The Station House Officer, PEW, Kottakuppam, Tindivanam, Villupuram District.

2.The Public Prosecutor, High Court, Madras.

+1cc to M/S.K.Thilagaraj, Advocate SR.17888 CRL.R.C.No.436 Of 2017 ppa[co] srg 12/04/2017 https://hcservices.ecourts.gov.in/hcservices/