Vijay, M/Aged About 40 Years v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:02.12.2016

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Crl.R.C.No.1455 of 2016 Vijay ..

Petitioner Vs State represented by The Station House Officer, Prohibition Enforcement Wing, Kottakuppam, Villupuram District.

..

Respondent Criminal Revision filed under sections 397 r/w 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.982 of 2016, dated 08.11.2016 and set aside the order.

For Petitioner :

M/s.E.Kannadasan For Respondent :

Mr.K.Madhan Government Advocate (Crl side)

O R D E R

Petitioner challenges the order of Learned District Munsif cum Judicial Magistrate, Vanur, Villupuram District, passed in Crl.M.P.No.982 of 2016, on 08.11.2016, rejecting the petition filed for return of vehicle.

2. Respondent has seized a Mahendra Maximo bearing registration No.PY-01-BP-3640 belonging to the petitioner in connection with the case registered in Crime No.650 of 2016 on its file for offence under Section 4(1)(aaa) 4(1-A) of the TNP Act. Petitioner has moved Crl.M.P.No.982 of 2016 before learned District Munsif cum Judicial Magistrate, Vanur, Villupuram District, seeking return of the vehicle. Such petition came to be dismissed under orders of the Court below dated 08.11.2016. 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 District Munsif cum Judicial Magistrate, Vanur, Villupuram District, is directed to return the vehicle viz., Mahendra Maximo bearing registration No.PY-01-BP-3640 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 District Munsif cum Judicial Magistrate, Vanur, Villupuram District; 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.

s/d- Assistant Registrar(CS-VI) //True Copy// Sub-Assistant Registrar

To

1. The Learned District Munsif cum Judicial Magistrate, Vanur, Villupuram District.

2. The The Station House Officer, Prohibition Enforcement Wing, Kottakuppam, Villupuram District.

3. The Public Prosecutor, High Court, Madras.

Crl.R.C.No.1455 of 2016 SS sp/23/1