Rajamanickam v. State By, Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.03.2025 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Rajamanickam ... Petitioner Vs.

State by Inspector of Police Katpadi Police Station Vellore District ... Respondent Prayer: Criminal Revision Case filed under Section 397 & 401 Cr.P.C. (438 rad with 441 of B.N.S.S. to set aside the order dated 10.2.2025 passed by the Judicial Magistrate, Katpadi, Vellore District in Crl.M.P.No.234 of 025 in Crime NO.463 of 2024 and direct to release the vehicle, Ashok Leyland Lorry bearing Registration No.TN-52-L0423 owned by the petitioner. For Petitioner : Mr.D.Thirumoorthy For Respondent : Mr.S.Sugendran Additional Public Prosecutor 1/6

ORDER

This Criminal Revision Case has been filed by the petitioner to set aside the order dated 10.2.2025 passed by the Judicial Magistrate, Katpadi, Vellore District in Crl.M.P.No.234 of 025 in Crime NO.463 of 2024 and direct to release the vehicle, Ashok Leyland Lorry bearing Registration No.TN-52L0423 owned by the petitioner.

2. The case of the petitioner is that the petitioner's vehicle namely Ashok Leyland Lorry bearing Registration No.TN-52-L0423, was seized by the respondent police in connection with Crime No.463 of 2024 alleging that the said vehicle involved in transportation of 7 units of river sand without valid permit from the authorities concerned. Therefore, the petitioner filed a petition before the Judicial Magistrate, Katpadi, Vellore District, under Section 503 of B.N.S.S. in C.M.P.No.234 of 2025 seeking interim custody of the vehicle, but the same was dismissed by order dated 10.02.2025. Challenging the same, the present revision is filed.

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3. The learned Additional Public Prosecutor appearing for the respondent police submitted that the investigation has not been completed.

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

5. It is seen that the said vehicle has been seized while transporting river sand without valid permit. Further, the investigation has not bee completed. Therefore, considering the serious in nature of offence and the stage of investigation, this Court is not inclined to allow the petition.

6. The respondent police is directed to complete the investigation and file the charge sheet within a period of 15 days from the date of receipt of a copy of this order and the competent authority is at liberty to initiate confiscation proceedings, if necessary, within a period of one month thereafter.

7. In case neither the charge sheet is filed nor the confiscation proceedings is initiated within the said period, the Magistrate shall return the vehicle to the petitioner.

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8. At the time of returning the vehicle to the petitioner, the Magistrate shall impose a condition directing the petitioner to deposit a sum of Rs.50,000/- (Rupees Fifty Thousand Only) to the credit of crime number and also obtain the original RC Book and appropriate undertaking from the petitioner that the petitioner will not alienate the vehicle or change the Engine number, Chasis Number etc. and that the petitioner would produce the vehicle as and when required.

9. With the above directions, this Criminal Revision Case is disposed of. 06.03.2025 Index : Yes / No Speaking Order : Yes / No ksa-2 4/6

To

1. The Judicial Magistrate, Katpadi, Vellore District

2. The Inspector of Police Katpadi Police Station Vellore District

3. The Public Prosecutor High Court of Madras 5/6

P.VELMURUGAN. J.

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