Dheena @ Dhinakaran v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20-02-2025
CORAM
THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN Dheena @ Dhinakaran Petitioner Vs The State Rep By, The Inspector Of Police, Kanchi Taluk Police Station, Kancheepuram District.
Cr.No.1345/2023.
Respondent PRAYER:- Criminal Original Petition filed under Sec. 528 of B.N.S.S., praying to set aside the order passed in C.R.P.No.4/2024 dated 16.12.2024 on the file of Principal District and Sessions Judge at Kancheepuram in Crl.M.P.No.527/2024 on the file of Judicial Magistrate II at Kancheepuram and direct the respondent to release the vehicle TATA tipper lorry bearing Regn. No. TN-21-AM-8537 (Engine No. 21G6327493 (Chassis No. MAT449022C3G20129), which was seized in connection with Crime No. 145 of 2023 on the file of respondent police to the petitioner.
For Petitioner:
Mr.B.Hariharan For Respondent:
Mr. K.M.D.Muhilan Government Advocate (Crl. Side) 1/5
ORDER
This Criminal Original Petition has been filed challenging the order dated 16.12.2024 passed in C.R.P.No.4 of 2024 in Crl.M.P.527 of 2024 by the Principal District and Sessions Judge, Kancheepuram, thereby dismissing the application filed for return of vehicle.
2. Heard the learned counsel appearing on either side and perused the materials available on record.
3. A perusal of the records reveals that the petitioner is an accused in Crime No.1345 of 2023. It is alleged that he used his TATA tipper lorry bearing Registration No.TN-21-AM-8537 for illegal transportation of river sand. Accordingly, an FIR was registered for the offences under Sections 379, 430 of IPC read with 21(1) of Mines and Minerals Act. Pursuant to the registration of the FIR, the vehicle owned by the petitioner was seized and confiscation proceedings are under progress.
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4. In the meanwhile, the petitioner filed a petition in Crl.M.P.No.527 of 2024 seeking for return of the vehicle and the same was dismissed on the ground that already the petitioner vehicle had already been involved in a similar offence previously and the original Registration Certificate is in the custody of the learned Judicial Magistrate, Kancheepuram. In fact, on an earlier occasion, the petitioner's vehicle was released on the petitioner's undertaking that it would not be used for any illegal activities in the future and in case of any violation, it would be liable for confiscation. Despite such an undertaking, the petitioner has once again been found involved in a similar offence. Therefore, the petition for return of vehicle was rightly rejected.
5. In view of above, this Court finds no infirmity or illegality in the dated 16.12.2024 passed in C.R.P.No.4 of 2024 in Crl.M.P.527 of 2024 by the Principal District and Sessions Judge, Kancheepuram. Accordingly, this Criminal Original Petition stands dismissed. However, the Judicial Magistrate 3/5
No.II, Kancheepuram, is directed to complete the confiscation proceedings as expeditiously as possible.
20-02-2025 lpp Index:Yes/No Speaking/Non-speaking order Internet:Yes To
1. Principal District and Sessions Judge, Kancheepuram.
2. Judicial Magistrate-II, Kancheepuram.
3.The Inspector Of Police, Kanchi Taluk Police Station, Kancheepuram Dt.
4. The Public Prosecutor, High Court, Madras. 4/5
G.K.ILANTHIRAIYAN J.
lpp CRL OP No. 4654 of 20-02-2025 5/5