R.Sathish v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.11.2016

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Crl.R.C.No.1134 of 2016 R.Sathish S/o.Rajendran ..

Petitioner Vs State represented by The Inspector of Police, K-1, Sembiam Police Station, Chennai.

..

Respondent Criminal Revision filed under sections 397 and 401 of Criminal Procedure Code against the order of learned V Metropolitan Magistrate, Egmore, Chennai, passed in Crl.M.P.No.1241 of 2016 on 24.08.2016.

For Petitioner :

Mr.A.Rajesh Kanna For Respondent :

Mr.K.Madhan Government Advocate [Crl.side]

O R D E R

Petitioner challenges the order of learned V Metropolitan Magistrate, Egmore, Chennai, passed in Crl.M.P.No.1241 of 2016 on 24.08.2016, rejecting the petition filed for return of vehicle.

2. Respondent has seized a Indico Car bearing registration No.TN-22-CR-3042 belonging to the petitioner in connection with the case registered in Crime No.593 of 2016 on its file for offence under Section 4(1)(a) of the TNP Act. Petitioner has moved Crl.M.P.No.1241 of 2016 before learned V Metropolitan Magistrate, Egmore, Chennai, seeking return of the vehicle. Such petition came to be dismissed under orders of the Court below dated 24.08.2016. Hence, this revision.

3. Heard learned counsel for petitioner and learned Government Advocate [Crl.side].

4. Learned counsel for 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. Learned Additional Public Prosecutor submits that action towards confiscation is now being initiated.

6. In the circumstances above stated, this Court would set aside the order of the Court below negating return of vehicle. This court is of the considered view that no prejudice would be caused to the prosecution in the event of granting the relief of interim custody of the vehicle to petitioner. Learned V Metropolitan Magistrate, Egmore, Chennai, is directed to return the vehicle viz., Indico Car bearing registration No.TN-22-CR3042 to petitioner on fulfilling the following conditions: i.the petitioner shall establish the ownership of the vehicle by producing necessary original certificates before the respondent police and as well as before the learned Magistrate and the learned Magistrate on verification, shall retain the original documents, if necessary and cause forwarding thereof to the confiscating authority in the event of confiscation; ii.the petitioner shall not alienate the vehicle in any manner till adjudication is over;

iii.the petitioner shall execute a personal bond in a sum of Rs.10,000/- (Rupees ten thousand only) to the satisfaction of learned V Metropolitan Magistrate, Egmore, Chennai; and iv.the petitioner shall also give an undertaking that he will not use the vehicle for any illegal activities in future and also to produce the vehicle as and when required by the confiscating authority.

7. In the event of confiscation, the petitioner's rights shall be governed by the provisions of T.N.Prohibition Act. The Criminal Revision is disposed of with the above direction.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar

To 1.The V Metropolitan Magistrate, Egmore, Chennai.

2.The Inspector of Police, K-1, Sembiam Police Station, Chennai.

3.The Public Prosecutor, High Court, Madras.

+1CC M/S.A.Rajeshkanna, Advocate, SR NO.70251 ad(CO) sk(22/12/2016) Crl.R.C.No.1134 of 2016