Munusamy v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.08.2020

CORAM:

THE HONOURABLE Mr JUSTICE P.N.PRAKASH Crl.R.C.No.596 of 2020 Munusamy ..

Petitioner/ Owner of the vehicle Vs.

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

(Crime No.345 of 2019) ..

Respondent/ Complainant Criminal Revision filed under Section 397 r/w 401 Cr.P.C., to set aside the order dated 26.02.2020 passed in Crl.M.P.No.65 of 2020 on the file of the District Munsif-cum-Judicial Magistrate Court, Tharangampadi.

For Petitioner : Mr.M.Guruprasad 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 26.02.2020 passed in Crl.M.P.No.65 of 2020 on the file of the District Munsif-cum-Judicial Magistrate Court, Tharagampadi.

3.

The vehicle (TATA Indica Car bearing Registration No.TN-55-AE-0081) of the petitioner was intercepted by the police on 23.12.2019 and it was found transporting 600 bottles of Brandy (totally 108 litres of liquor) from Pudhuchery. Therefore, the police registered a case in Perambur Police Station Crime No.345 of 2019 on 23.12.2019 for the offences under Sections 4(1)(aaa) and 4(1-A) of the Tamil Nadu

Prohibition Act, 1937 (for brevity "the TNP Act") and arrested Sathasivam and Munusamy (petitioner). The petitioner filed Crl.M.P.No.65 of 2020 under Section 457 Cr.P.C. for interim custody of the vehicle and the same was dismissed by the District Munsif-cum-Judicial Magistrate, Tharangampadi, on 26.02.2020, aggrieved by which, the petitioner is before this Court.

4.

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

5.

On instructions, Mrs.P.Kritika Kamal, learned Government Advocate (Crl.Side) submitted that confiscation proceedings under the TNP Act has not yet commenced. 6.

Taking into consideration the fact that the seizure was effected on 23.12.2019 and the vehicle is kept in the police station open to sun and rain, applying the law laid down by the Supreme Court of India in Sunderbhai Ambalal Desai vs. State of Gujarat1, this Court is of the view that interests of justice will be served if the interim custody of the vehicle is given to the petitioner.

7.

As a result, this revision petition is allowed by setting aside the order dated 26.02.2020 passed in Crl.M.P.No.65 of 2020 on the file of the District Munsif-cum-Judicial Magistrate Court, Tharagampadi and interim custody of the vehicle is granted to the petitioner with the following conditions:

(i) The petitioner shall execute a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand only) with two sureties each, for a like sum to the satisfaction of the District Munsif-cumJudicial Magistrate Court, Tharagampadi. The petitioner and the sureties shall affix their photographs and give the copies of their Aadhaar Card;

1 (2002) 10 SCC 290

(ii) 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;

(iii ) The petitioner shall not alienate the vehicle in question till the disposal of the proceedings before the authority concerned and submit the same as and when required by the authorities for confiscation proceedings;

(iv) 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;

(v) The petitioner shall surrender the original R.C. book before the District Munsif-cum-Judicial Magistrate, Tharagampadi;

(vi) The petitioner shall participate in the enquiry to be conducted by the respondent; and (vii ) The respondent shall produce the vehicle before the District Munsif-cum-Judicial Magistrate, Tharagampadi, forthwith, if not already produced. Petition relating to return of R.C. Book for any purpose in the future, may be filed before the District Munsif-cum-Judicial Magistrate, Tharangampadi, who may consider the same on merits, though this order has been passed by the High Court. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar

To

1. The District Munsif-cum-Judicial Magistrate, Tharangampadi.

2. The Inspector of Police, Perambur Police Station, Nagapattinam District.

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

+1 CC to Mr.M.Guruprasad, Advocate sr 26436.

Crl.R.C.No.596 of 2020 SKS(CO) SP(24/08/2020)