Arunagiri v. The Forest Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.12.2016 CORAM :
THE HON'BLE MR.JUSTICE C.T. SELVAM Crl.R.C.No.1068 of 2016 Arunagiri .. Petitioner Vs.
State by Forest Officer, Tamil Nadu Forest Department, Ulundurpet Division, Ulundurpet, Villupuram District.
(Cr.No.31 of 2016) .. Respondent Criminal Revision filed under Section 397 and 401 Cr.P.C. praying to call for the records on the file of the learned Judicial Magistrate II, Ulundurpet in C.M.P.No.3063 of 2016 dated 11.04.2016 and set aside the order.
For Petitioner :
Mr.T.Dharani For Respondent :
Mr.M.Mohammed Riyaz Govt. Advocate (Crl.side)
O R D E R
The petitioner challenges the order of the learned Judicial Magistrate II, Ulundurpet, made in CMP.No.3063 of 2016 dated 11.04.2016, rejecting the petition filed for return of vehicle.
2. Under orders in Crl.OP.No.7513 of 2016 dated 27.07.2016, this Court has been pleased to direct return of JCB vehicle used in the commission of offence registered in Cr.No.31 of 2016, on the file of the respondent police.
3. The respondent has seized a Hero Honda motor cycle bearing Registration No.TN31-AE-2215 belonging to the petitioner in connection with the case registered in Crime No.31 of 2016 on its file for offence under Section 21(d)(e)(f)(g) of Tamil Nadu Forest Act. The petitioner has moved C.M.P.No.3063 of 2016 before the learned Judicial Magistrate II, Ulundurpet, seeking return of the vehicle. Such petition came to be dismissed under orders of the Court below dated 11.04.2016 and hence, this revision.
4. Learned counsel for the petitioner would seek to impress upon this Court that a false case stands foisted upon the petitioner. This Court is now concerned with return of
property, pure and simple.
5. In the circumstances above stated and following the decisions of the Hon'ble Apex Court in Sunderbhai Ambalal Desai v. State of Gujarat (AIR 2003 Supreme Court 638) and General Insurance Council V. State of Andhra Pradesh in 2010 (3) Supreme Pg. 317, this Court directs as follows:
The Hero Honda motor cycle bearing Registration No.TN31-AE-2215 shall be placed in the custody of the petitioner after complying with the following: i)The lower Court shall cause photographs of the vehicle to be taken and record panchanama thereof, the photographs taken shall be read as secondary evidence during trial and production of the vehicle shall be dispensed with.
ii)The vehicle shall then be returned to the petitioner, who shall be at liberty to deal with the same in such manner as considered appropriate.
6. The above order is not determinant of the ownership or other rights in respect of the vehicle.
7. In the result, the Criminal Revision is allowed. The order of the learned Judicial Magistrate II, Ulundurpet, passed in C.M.P.No.3063 of 2016 dated 11.04.2016 is set aside. -s/dAssistant Registrar True Copy Sub-Assistant Registrar tsh To 1.The Judicial Magistrate II, Ulundurpet.
2.Do-Thro The Chief Judicial Magistrate Villupuram 3.The Public Prosecutor, High Court, Chennai. 4.The Forest officer Tamil Nadu Forest Department Ulundurpet Division Ulundurpet, Villupuram District
+1 cc to Mr.T.Dharani Advocate sr 72597 Crl.R.C.No.1068 of 2016 aa23/12/2016