← Library
Madras High CourtCRL RC/587/2020allowed

Sakkaravarthi v. The State Rep. By

2020-08-03Honourable Mr Justice P. N. Prakash4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.08.2020

CORAM

THE HON'BLE Mr. JUSTICE P.N. PRAKASH Crl.R.C.No.587 of 2020 Sakkaravarthi

...Petitioner/Petitioner

Vs.

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

(Crime No.230 of 2019)

...Respondent/Respondent

Criminal Revision filed under Section 397 r/w 401 Cr.P.C. seeking to set aside the order dated 20.03.2020 passed in Crl.M.P.No.962 of 2020 on the file of the District and Sessions Court, Nagapattinam and direct the respondent to return the tractor bearing Registration No.TN-50-H-3747. For Petitioner :

Mrs.Greetha Senthilkumar 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 20.03.2020 passed in Crl.M.P.No.962 of 2020 on the file of the District and Sessions Court, Nagapattinam and direct the respondent to return the tractor bearing Registration No.TN-50-H-3747.

3.

It is the case of the prosecution that on 08.08.2019, while one unit of river sand has been illegally transported through the petitioner's vehicle (Mahindra Tractor) bearing Registration No.TN-50-H-3747, the police intercepted the same

and seized the vehicle and a case was registered in Crime No. 230 of 2019 for the offences under Sections 379 and 430 IPC and Section 21(1) of the Mines and Minerals (Development & Regulation) Act, 1957. The petitioner filed Crl.M.P.No.962 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 20.03.2020, challenging which, the petitioner filed the present revision petition.

4.

Heard Mrs.Greetha Senthilkumar, 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 08.08.2019 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 Gujarat [(2002) 10 SCC 290], 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-3747 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 20.03.2020 passed in Crl.M.P.No.962 of 2020 on the file of the District and Sessions Court, Nagapattinam, is set aside. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar nsd

To 1.The District and Sessions Judge, Nagapattinam 2.The Judicial Magistrate No.1, Myladuthurai, Nagapattinam District.

3.The Chief Judicial Magistrate, Nagapattinam District.(For Information) 4.The District Mines and Minerals Foundation Trust, Nagapattinam District.

5.The Tahsildar,Myladhuthurai Taluk, Nagapattinam.

6.The Inspector of Police, Kuthalam Police Station, Nagapattinam District.

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

+1cc to M/s.Greetha Senthil Kumar, Advocate, S.R.No.25941 Crl.R.C.No.587 of 2020 NR(CO) KKV/13/08/2020