Elamugil v. Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.06.2024
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.RC.No.602 of 2024 Elamugil
...Petitioner
Vs.
The State by Inspector of Police, Bommidi Police Station, Dharmapuri District.
(Crime No.11 of 2024)
...Respondent
Prayer: Petition has been filed under Sections 397 and 401 of Cr.P.C., to set aside the order dated 26.02.2024 made in Cr.M.P.No.458 of 2024 on the file of the Judicial Magistrate, Pappireddipatti and consequently direct the respondent police to return the petitioner's vehicle Escorts Construction Equipment bearing its Regn.No.TN 18 J9358 Engine No.S433A45372 Chassis No.193A383219.
For Petitioner : Mr.J.Pradeep For Respondent : Mr.A.Gopinath Govt. Advocate(Crl.Side) Page No:1/7
ORDER
The Criminal Revision is filed, challenging the order, dated 26.02.2024 passed in Cr.M.P.No.458 of 2024 by the learned Judicial Magistrate, Pappireddipatti.
2. The revision petitioner filed a petition in Cr.M.P.No.458 of 2024 under Sections 451 and 457 of Cr.P.C., seeking interim custody of the vehicle viz., Escorts Construction Equipment bearing Regn.No.TN 18 J9358 Engine No.S433A45372 Chassis No.193A383219. The said petition was dismissed by the learned Judicial Magistrate, Pappireddipatti on 26.02.2024. Aggrieved over the said order, the Criminal revision is preferred by the revision petitioner.
3. The learned counsel for the petitioner contended that the petitioner is the owner of the vehicle viz., Escorts Construction Equipment bearing Regn.No.TN 18 J9358 Engine No.S433A45372 Chassis No.193A383219 and the said vehicle was seized by the respondent Police relating to the case in Crime No.11 of 2024 for the Page No:2/7
alleged offence punishable under Section 379 of IPC. The said vehicle is kept in the custody of Police in open space in the Police Station. If the vehicle is kept in an open space, the value of the same will diminish over the period of time. Therefore, he prayed for return of the vehicle.
4. Mr.A.Gopinath, learned Government Advocate (Crl. side) appearing for the respondent did not raise any serious objection to return the vehicle to the present petitioner.
5. At this juncture, it is relevant to refer a decision of the Hon'ble Supreme Court in Sunderbhai Ambalal Desai and others Vs. State of Gujarat in Special Lave Petition (Crl.)2745 of 2022 dated 01.10.2002, wherein, the relevant portion is extracted hereunder. Vehicles "In our view, whatever be the situation, it is of no use to keep such seized vehicles at the police stations for a long period. It is for the Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. This can be done pending hearing of Page No:3/7
applications for return of such vehicles.
In case where the vehicle is not claimed by the accused, owner, or the insurance company or by third person, then such vehicle may be ordered to be auctioned by the Court. If the said vehicle is insured with the insurance company, then insuance company be informed by the Court to take possession of the vehicle, which is not claimed by the owner or a third person. If insurance Company fails to take possession the vehicles may be sold as per the direction of the Court. The Court would pass such order within a period of six months from the date of production of the said vehicle before the Court. In any case, before handing over possession of such vehicles, appropriate photographs of the said vehicle should be taken and detailed panchanama should be prepared."
6. Considering the fact that keeping the vehicle idle in an open space, would diminish the value of the vehicle over a period of time and considering the dictum laid down by the Hon'ble Supreme Court, this Court is inclined to allow the Revision Petition.
7. Accordingly, this Criminal Revision Case is allowed and the Page No:4/7
impugned order in Cr.M.P.No.458 of 2024 dated 26.02.2024 passed by the learned Judicial Magistrate, Pappireddipatti, is set aside and the vehicle shall be returned to the petitioner on the following conditions: i. the petitioner shall prove his ownership of the vehicle by producing the R.C.Book and other relevant records; ii. the petitioner shall execute a bond for a sum of Rs.2,00,000/- (Rupees Two lakhs Only) before the trial Court. iii. the Court may prepare a panchanama in Judicial Form No.82 with regard to the vehicle bearing Registration No.TN 18 J9358 and such panchanama can be used in evidence.
iv. the petitioner shall take photograph of the vehicle bearing Registration No.TN 18 J9358 and certify the same under Section 65B of the Central Act 1 of 1972 and such photographs may be used as secondary evidence. v. the petitioner shall not alienate or encumber the vehicle in Page No:5/7
any manner;
vi. the petitioner shall give an undertaking that he will not use the vehicle for any illegal activities in future, vii.the petitioner shall also produce the vehicle as and when required before the court below and before the respondent police.
07.06.2024 msv Note to office: Issue order copy on 10.06.2024 Index : Yes/No Speaking Order : Yes/No NCC : Yes/No To
1. The Judicial Magistrate, Pappireddipatti
2. Inspector of Police, Bommidi Police Station, Dharmapuri District.
3.The Public Prosecutor, High Court of Madras, Chennai - 600 104.
M.DHANDAPANI , J.
msv Page No:6/7
07.06.2024 Page No:7/7