← Library
Madras High CourtCRL RC/411/2024disposed of

S.Chandrasekaran v. State Rep. By

2025-04-22Honourable Mr Justice P. Velmurugan7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.04.2025

CORAM:

THE HON'BLE Mr. JUSTICE P.VELMURUGAN Criminal Revision Case No. 411 of 2024 S.Chandrasekaran ... Petitioner ..vs..

State Represented by The Inspector of Police, Arakkonam Town Police Station, Ranipet District, Crime No.398 of 2023.

... Respondent Criminal Revision Petition filed under Sections 397 read with 401 Cr.P.C., to call for the records in connection with the order passed by the Judicial Magistrate, Arakkonam, in C.M.P.No.2045 of 2023 dated 27.11.2023 and set aside the same and consequently, to direct the respondent to return of the vehicle bearing Registration No.TN20-AX8998 lorry to the petitioner. For Petitioner : Mr.T.Saravanan For Respondent : Mr.S.Sugendran Additional Public Prosecutor Page No.1/7

O R D E R

This Criminal Revision Petition is preferred against the order dated 27.11.2023 passed in Crl.M.P.No.2045 of 2023 by the Judicial Magistrate, Arakkonam, and consequently, to direct the respondent to return of the vehicle bearing Registration No.TN 20-AX-8998 lorry to the petitioner.

2. The petitioner is the owner of the vehicle namely Lorry bearing Registration No.TN 20-AX-8998, which was seized by the respondentPolice in connection with the case in Crime No.398 of 2023 for the offences punishable under Sections 379 and 430 IPC. Therefore, the petitioner filed a petition in Crl.M.P.No.2045 of 2023 before the Judicial Magistrate, Arakkonam, seeking for interim custody of the said vehicle and the learned Magistrate, vide order dated 27.11.2023 dismissed the petition. Aggrieved by the said order, the present Criminal Revision Petition is filed by the petitioner.

3. Learned counsel for the petitioner submitted that petitioner is Page No.2/7

the owner of the vehicle and he is in no way connected with the alleged offence and a false has been foisted against the petitioner. The vehicle, which was seized by the respondent-Police is essential for the petitioner's livelihood. He further submitted that the vehicle in question is left idle in the open space thereby, the condition of the vehicle is getting deteriorated and the value of the vehicle is lost thereby, putting the petitioner to hardship and hence, the petitioner seeks interim custody of the vehicle and that he would abide by stringent conditions, if any, to be imposed on him.

4. Learned Additional Public Prosecutor appearing for the respondent-Police, on instructions, submitted that the petitioner was involved in the case of illegal transportation of four units of soil and if the vehicle in question is returned to the petitioner, the same would again be used for similar illegal sand mining. He further submitted that the subject vehicle was also produced before the Judicial Magistrate, Arakkonam, vide C.P.No.335 of 2023, dated 21.11.2023. Further, investigation has not yet been completed and charge sheet has also not Page No.3/7

been filed and hence, the vehicle in question cannot be released at this stage.

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

6. Considering the facts and circumstances and also considering the submissions made by learned counsel on either side, this Court finds that the case was registered in the year 2023, but for the past two years, the respondent/Police neither completed the investigation nor the competent authority initiated confiscation proceedings and hence, the vehicle in question is left idle in the open space would not serve any purpose. Therefore, in view of the decision of the Hon'ble Supreme Court in the case of Sunderbhai Ambalal Desai Vs. State of Gujarat reported in (2002) 10 SCC 283, the learned Judicial Magistrate, Arakkonam, is directed to return the vehicle in question to the petitioner on the following conditions:

(i) The petitioner shall produce the original RC Book of the vehicle and other relevant records to prove his ownership and the learned Magistrate, on perusal of the RC book and other records, shall retain the Xerox copy of Page No.4/7

the same and return the original documents to the petitioner with a view to use the vehicle;

(ii) The petitioner shall not alter or alienate the vehicle in question in any manner till confiscation proceedings are over;

(iii) The petitioner is directed to deposit a sum of Rs.1,00,000/- (Rupees One Lakh Only) before the Court below to the credit of Crime No. 398 of 2023 and on such payment and production of proof, the vehicle shall be returned to the petitioner;

(iv) The petitioner shall also give an undertaking affidavit to the effect that he will not use the vehicle for any illegal activities in future and also to produce the vehicle as and when required by the respondent or the Court below as well as by the District Collector of the District or authorized officer in that behalf by the Government;

(v)The petitioner shall participate in the confiscation proceedings, if any initiated, and shall produce the vehicle, before the confiscation authority.

(vi) This order is subjected to the confiscation proceedings.

Page No.5/7

7. With the above directions, this Criminal Revision Petition is allowed and the impugned order dated 27.11.2023 passed in Crl.M.P.No.2045 of 2023, is hereby set aside. 22.04.2025 ms To

1. The Judicial Magistrate, Arakkonam.

2. The Inspector of Police, Arakkonam Town Police Station, Ranipet District.

3. The Public Prosecutor, High Court, Madras.

Page No.6/7

P.VELMURUGAN, J.

ms 22.04.2025 Page No.7/7