N.Balaobulu v. The State Rep By, The Sub-Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.04.2025 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN N.Balaobulu ... Petitioner Vs.

The State, represented by The Sub Inspector of Police CSCID - Ranipet Crime No.121 of 2023 ... Respondent Prayer: Criminal Revision Case filed under under Section 442 of B.N.S.S. to set aside the order passed by the learned Judicial Magistrate-IV, Vellore in Crl.M.P.No.9810 of 2024 in Cr.No.121 of 2023 dated 09.10.2024 and to direct the respondent to return the vehicle namely Ashok Leyland container goods vehicle bearing Registration No.KA53AA9776, Engine No.NCEZ418288 and Chassis No.MB1AUPCC9PENJ5074 to the custody of the petitioner. For Petitioner : Mr.J.Arun Prasad For Respondent : Mr.S.Sugendran Additional Public Prosecutor 1/5

ORDER

This Criminal Revision Petition has been filed by the petitioner to set aside the order passed by the learned Judicial Magistrate-IV, Vellore in Crl.M.P.No.9810 of 2024 in Cr.No.121 of 2023 dated 09.10.2024 and to direct the respondent to return the vehicle namely Ashok Leyland container goods vehicle bearing Registration No.KA53AA9776, Engine No.NCEZ418288 and Chassis No.MB1AUPCC9PENJ5074 to the custody of the petitioner.

2. The case of the petitioner is that the petitioner is the owner of the vehicle namely Ashok Leyland container goods bearing Registration No.KA53AA9776. The said vehicle was seized by the respondent police in connection with the case in Crime No.121 of 2023 for the offence under Section 6(4) of Tamil Nadu Scheduled Commodities (RDCS) Order 1982 and Section 7(1)(a)(ii) of Essential Commodities Act, 1955 alleging that the said vehicle was used for illegal transportation of PDS Rice. Hence, the petitioner filed a petition in Crl.M.P.No.9810 of 2024 under Section 451 and 457 of Cr.P.C. before the Judicial Magistrate-IV, Vellore seeking return of property, but the said petition was dismissed by order dated 09.10.2024. Hence, challenging the same, the present revision is filed.

3. The learned Additional Public Prosecutor appearing for the respondent 2/5

police submitted that the investigation is pending and already confiscation proceedings has been initiated and show cause notice has also been served to the petitioner.

4. Heard both sides and perused the materials available on record.

5. Since it is stated by the learned Additional Public Prosecutor that the confiscation proceedings has already been initiated by the competent authority and show cause notice has also been issued to the petitioner, this Court is not inclined to entertain this revision petition.

6. Accordingly, this Criminal Revision Petition is disposed of with liberty to the petitioner to work out his remedy before the competent authority in the confiscation proceedings.

23.04.2025 Index : Yes / No Speaking Order : Yes / No ksa-2 3/5

To

1. The Judicial Magistrate-IV, Vellore

2. The Sub Inspector of Police CSCID - Ranipet

3. The Public Prosecutor High Court of Madras 4/5

P.VELMURUGAN. J.

Ksa-2 23.04.2025 5/5