Sakthivel v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.06.2020

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.R.C.NO.518 OF 2020 Sakthivel ... Petitioner -vsState rep by the Inspector of Police, NAGORE Police Station, Nagapatinam District.

... Respondent PRAYER:- Criminal Revision Petition filed under Section 397 read with Section 401 Cr.P.C. to call for the records and set aside the order passed in Crl.M.P.No.713 of 2020 on the file of the District and Sessions Judge, Nagapattinam in Crime No.53 of 2020 on the file of the respondent dated 27.02.2020 and direct the respondent to release the Ashok Leyland Terrace Lorry bearing registration No.TN-28-AH-7323 and allow this Criminal Revision Petition.

For Petitioner :

Mr.J.Jawahar For Respondent :

Mr.M.Mohamed Riyaz, Additional Public Prosecutor

O R D E R

This Criminal Revision Petition has been filed against the dismissal of the petition filed by the petitioner seeking for the return of the lorry.

2.The case of the prosecution is that the petitioner is the owner of the lorry and this lorry was involved in illegally transporting four units of sand. The further case of the prosecution is that petitioner is involved in one more offence in Crime No.52 of 2020.

3.The learned counsel for the petitioner submitted that the confiscation proceedings has not commenced and now the lorry is

exposed to rain and shine and if the lorry is kept in the police station continuously, it will lose all its worth. The learned counsel further submitted that any stringent conditions can be imposed by this Court and the petitioner will comply with the said conditions.

4.Per contra, Mr.M.Mohamed Riyaz, learned Additional Public Prosecutor appearing on behalf of the respondent submitted that if the lorry is released, the petitioner will once again involve in the illegal transportation of sand. The learned counsel further submitted that on the same day, the petitioner was involved in two offences of similar nature and Crime No.52 & 53 of 2020 was registered by the respondent police. The learned counsel concluded his arguments by submitting that even though confiscation proceedings have not commenced, this Court has to take a very stringent stand, when it comes to release of the vehicle involved in sand theft, which has a direct impact in the natural resources.

5.This Court has carefully considered the submissions made on either side and the orders passed by the Court below. 6.The petitioner is the owner of the lorry and according to the petitioner, the lorry now exposed to the open sky in the police station and it will become worthless over a period of time. Admittedly, the confiscation proceedings have not commenced. The petitioner also undertakes that he will not involve in any illegal activity in future and that any stringent conditions can be imposed by this Court.

7.Taking into consideration the facts and circumstances of the case, the order passed by the Court below in Cr.M.P.No.713 of 2020 dated 27.02.2020 is hereby set aside and this Criminal Revision Petition is allowed with the following conditions: (i) The petitioner shall file an affidavit before the Court below that the lorry will not be used for the illegal transportation of sand in future.

(ii) The petitioner shall deposit the original RC book before the Court below and the Court below shall certify the deposit of the original RC book in the Court and such certificate can be produced by the petitioner if and when he is asked to produce the RC book by the police during any interception.

(iii) The petitioner shall deposit a sum of Rs.50,000/- (Rupees Fifty Thousand Only) to the District Minerals Foundation Trust and shall produce the said receipt before the Court below. (iv) The petitioner shall produce the vehicle, as and when required before the Court below.

This order is passed without prejudice to the rights of the respondent to initiate confiscation proceedings against the petitioner.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar ay To

1. The Inspector of Police, Nagore Police Station, Nagapatinam District.

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

Crl.R.C.No.518 of 2020 AD(CO) CS/23/07/2020