S.Tamilselvan v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 24.08.2020 PRONOUNCED ON: 07.09.2020

CORAM

THE HON'BLE Mr. JUSTICE P.N. PRAKASH Crl.R.C.No.604 of 2020 S.Tamilselvan ...

Petitioner/ owner of the vehicle Vs.

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

(Crime No.68 of 2020) ... Respondent/Complainant Criminal Revision filed under Section 397 r/w 401 Cr.P.C. seeking to set aside the order dated 25.06.2020 passed in Crl.M.P.No.1590 of 2020 on the file of the District and Sessions Court, Nagapattinam and to return the petitioner's vehicle (Tipper Lorry) bearing Registration No.TN-12-S-*8341 For Petitioner :

Mr.L.Baskaran For Respondent :

Mr.K.Madhan 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 25.06.2020 passed in Crl.M.P.No.1590 of 2020 on the file of the District and Sessions Court, Nagapattinam and to return the petitioner's vehicle (Tipper Lorry) bearing Registration No.TN-12-S-*8341. 3.

The petitioner is the owner of the vehicle (Tipper Lorry) bearing Registration No.TN-12-S-*8341, which was seized on 14.03.2020, while transporting savudu sand and a case was registered in Crime No.68 of 2020 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.1590 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 25.06.2020, challenging which, the petitioner has preferred the present revision petition.

4.

Heard Mr.L.Baskaran, learned counsel for the petitioner and Mr.K.Madhan, learned Government Advocate (Crl. Side) appearing for the respondent/State.

5.

It is seen that the seizure was effected on 14.03.2020 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 (Tipper Lorry) bearing Registration No.TN-12-S-*8341 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.1,00,000/- 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/- 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;

1(2002) 10 SCC 290

(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 Court, 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 25.06.2020 passed in Crl.M.P.No.1590 of 2020 on the file of the District and Sessions Court, Nagapattinam, is set aside.

-Sd/- Assistant Registrar *Corrected as per order of this court dated 30.09.2020 in Crl.MP.5703/2020 in Crl.RC.604/2020 //True Copy// Sub Assistant Registrar

To 1.The District and Sessions Judge, To be Substituted to the Nagapattinam.

order already despatched on 28/09/2020 2.The Tahsildar, Nagapattinam.

3.The Inspector of Police, Poraiyar Police Station, Nagapattinam District.

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

Crl.R.C.No.604 of 2020 VG II(CO) CB(25/09/2020) aa08/10/2020