Natarajan v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.08.2020

CORAM

THE HON'BLE MR. JUSTICE P.N. PRAKASH CRL.R.C.NO.458 OF 2020 Natarajan ..Petitioner/Petitioner Vs.

State represented by The Inspector of Police, Vaitheeswaran Koil Police Station, Nagapattinam District.

(Crime No.97 of 2019) ..Respondent/Respondent Criminal Revision filed under Section 397 r/w 401 Cr.P.C. seeking to set aside the order dated 18.02.2020 passed in Crl.M.P.No.564 of 2020 on the file of the District and Sessions Court, Nagapattinam.

For Petitioner :

Mr.V.Govi Ganesan For Respondent :

Mrs.P.Kritika Kamal Government Advocate (Crl. Side)

O R D E R

This case is taken up through video conferencing. 2.

This criminal revision has been filed seeking to set aside the order dated 18.02.2020 passed in Crl.M.P.No.564 of 2020 on the file of the District and Sessions Court, Nagapattinam.

3.

The petitioner is the owner of the vehicle (Mahindra Tractor) bearing Registration No.TN-50-H-7900 and let the same on hire for transporting compost to the accused. The petitioner's vehicle (Mahindra Tractor) bearing Registration No.TN-50-H-7900 was seized on 14.04.2019, while the accused transported one unit of kalipu sand (land clay) and a case was registered in Crime No. 97 of 2019 for the offences under Sections 379 IPC and Section 21(1) of the Mines and Minerals (Development & Regulation) Act, 1957, on 13.06.2019. The petitioner filed Crl.M.P.No.564 of 2020 before the District and

Sessions Court, Nagapattinam, under Section 451 Cr.P.C. for interim custody of the vehicle, which was dismissed on 18.02.2020, challenging which, the petitioner filed the present revision petition.

4.

Heard Mr.V.Govi Ganesan, learned counsel for the petitioner and Mrs.P.Kritika Kamal, learned Government Advocate (Crl. Side) for the respondent/State.

5.

It is seen that the seizure was effected on 14.04.2019 and the vehicle is in the police station open to sun and rain. 6.

Taking into consideration the aforesaid facts and in view of the guidelines given by the Supreme Court in Sunderbhai Ambalal Desai Vs. State of Gujarat1, this Court is of the view that interests of justice will be served, if the vehicle is ordered to be released to the petitioner on certain stringent conditions. The respondent police is directed to grant interim custody of the said vehicle bearing registration No.TN-50-H-7900 to the petitioner within a period of 7 days from the date of compliance of the below mentioned condition Nos.(i) to (iii) : (i) The petitioner shall deposit a sum of Rs.50,000/- (Rupees Fifty Thousand Only) before the jurisdictional Tahsildar as non-refundable deposit. After receipt of the above said amount, the same will have to be deposited by the Tahsildar, to the credit of the District Mines and Minerals Foundation Trust, Nagapattinam as non-refundable deposit;

(ii) The petitioner shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two sureties each, for a like sum to the satisfaction of the District and Sessions Court, Nagapattinam. The petitioner and the sureties shall affix their photographs and give the copies of their Aadhaar Card;

(iii) The petitioner shall give an undertaking before the respondent/ authority concerned stating that he will not use the vehicle in question for any illegal activities in future and shall produce the same as and when required by the respondent and also the trial Court, failing which the respondent/trial Court is at liberty to confiscate the vehicle;

(iv) The petitioner shall not alienate the vehicle in question till the disposal of the proceedings before the authority concerned;

(v) The petitioner shall take photograph of the vehicle and submit the same along with Compact Disc duly certified under Section 65-B of the Indian Evidence Act, 1872;

(vi) The petitioner shall surrender the original R.C. book before the District and Sessions Court, Nagapattinam; and (vii) The petitioner is also directed to participate in the enquiry to be conducted by the respondent. Petition relating to return of R.C. Book for any purpose in the future, may be filed before the District and Sessions Judge, Nagapattinam, who may consider the same on merits, though this order has been passed by the High Court.

This petition is allowed in the above terms and the order dated 18.02.2020 passed in Crl.M.P.No.564 of 2020 on the file of the District and Sessions Court, Nagapattinam, is set aside. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar nsd

To 1.The District and Sessions Judge, Nagapattinam 2.The Tahsildar, Nagapattinam.

3.The Inspector of Police, Vaitheeswaran Koil Police Station, Nagapattinam District.

4.The Public Prosecutor, Madras High Court, Chennai - 600 104.

5.The District Mines and Minerals Foundation Trust, Nagapattinam.

+1cc to Mr.K.Govi Ganesan, Advocate, S.R.No.26412 Crl.R.C.No.458 of 2020 NSA(CO) KKV/01/09/2020