Madras High CourtCRL RC/1157/2016closed

Durai @ Veera Pandiyan v. State Rep. By

2016-10-21Honourable Mr Justice C. T. Selvam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 21.10.2016

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Crl.R.C.No.1157 of 2016 Durai Veerapandiyan

...Petitioner

Vs State represented by The Inspector of Police, Prohibition Enforcement Wing, Kottakuppam, Villupuram District.

...Respondent

Criminal Revision filed under sections 397 and 401 of Criminal Procedure Code to call for the records on the file of the learned District Munsif cum Judicial Magistrate, Vanur, Villupuram District in Crl.M.P.No.660 of 2016, dated 23.08.2016 and set aside the same.

For Petitioner :

Mr.E.Kannadasan For Respondent :

Mr.K.Madhan, Govt. Advocate (Crl. side)

O R D E R

The petitioner challenges the order of the learned District Munsif cum Judicial Magistrate, Vanur, Villupuram District passed in Crl.M.P.No.660 of 2016, dated 23.08.2016 rejecting the petition filed for return of vehicle.

2. Respondent police on routine vehicle checkup at Kottakuppam Rountana, found carried in a Tata Indica DLE Car from Puducherry to two bags containing 260 Nos. of castle VSOP Brandy (each bottle containing 90 ml and 35 litres of I.D Arrack). Respondent seized the said Car bearing registration No.TN-24-J-1929 belonging to the petitioner in connection with the case registered in Crime No.203 of 2016 on its file for offence under Section 4(1)(aa) 4(1-A) of the TNP Act. Petitioner has moved Crl.M.P.No.660 of 2016 before the learned Judicial Magistrate, Vanur, Villupuram District seeking return https://hcservices.ecourts.gov.in/hcservices/

of the vehicle. Such petition came to be dismissed under orders of the Court below dated 23.08.2016 and hence, this revision.

3. Heard learned counsel for the petitioner and learned Government Advocate (Criminal side).

4.Learned Government Advocate (Criminal side) would submit that confiscation has been initiated and learned Magistrate has also passed an order in Na.Ka.No.132 dated 06.07.2016. He has also produced a copy of the order.

5.Recording the submission made by the learned Government Advocate (Criminal side) this criminal revision petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar cla To

1. The Judicial Magistrate, Vaanur.

1(a).The Chief Judical Magistrate, Villupuram.

2. The Inspector of Police, P.E.Wing, Villupuram, Kottakuppam, Villupuram District.

3. The Public Prosecutor, High Court, Madras.

ACA(CO) RS(07/02/2017) Crl.R.C.No.1157 of 2016 https://hcservices.ecourts.gov.in/hcservices/