Nagarajan v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.09.2020

CORAM

THE HON'BLE Mr. JUSTICE P.N. PRAKASH Crl.R.C.No.738 of 2020 Nagarajan ... Petitioner/Owner of the Vehicle Vs.

State rep. by The Inspector of Police, Anaikkarachathiram Police Station, Nagapattinam District.

...

Respondent/Complainant Criminal Revision filed under Section 397 r/w 401 of Cr.P.C. seeking to call for the records on the file of the learned District and Sessions Judge, Nagapattinam, Nagapattinam District in Crl.M.P.No.2148 of 2020 dated 19.08.2020 and set aside the order.

For Petitioner :

Mr.E.Kannadasan For Respondent :

Mrs.P.Kritika Kamal Government Advocate (Crl. Side)

ORDER

This case is taken up through video conferencing.

2. This criminal revision has been filed seeking to set aside the order dated 19.08.2020 passed in Crl.M.P.No.2148 of 2020 on the file of the District and Sessions Court, Nagapattinam District.

3. The petitioner is the owner of the vehicle (Tractor with tipper) bearing Registration No.TN-51-T-1742, which was seized on 30.08.2019, while transporting half (1⁄2) unit of sand and a case was registered in Crime No.220 of 2019 for the offence under Section 379 & 430 IPC and 21(1) of the Mines & Minerals (Development & Regulation) Act, 1957. The petitioner filed Crl.M.P.No.2148 of 2020 before the District and Sessions Judge, Nagapattinam District, under Section 451 Cr.P.C. for interim custody of the vehicle, which was dismissed on 19.08.2020, challenging which, the petitioner has preferred the present revision petition.

4. Heard Mr.E.Kannadasan, learned counsel for the petitioner and Mrs.P.Kritika Kamal, learned Government Advocate (Crl. Side) appearing for the respondent/State.

5. It is seen that the seizure was effected on 30.08.2019 and the vehicle is in the police station open to sun and rain.

6. Taking into consideration the aforesaid facts and in view of the guidelines given by the Supreme Court in Sunderbhai Ambalal Desai Vs. State of Gujarat reported in (2002) 10 SCC 290, this Court is of the view that interests of justice will be served, if the vehicle is ordered to be released to the petitioner on certain stringent conditions. The respondent police is directed to grant interim custody of the said vehicle (Tractor with tipper) bearing Registration No. TN-51-T-1742 to the petitioner within a period of 7 days from the date of compliance of the below mentioned condition Nos.(i) to (iii) :

(i) The petitioner shall deposit a sum of Rs.50,000/- before the jurisdictional Tahsildar as nonrefundable deposit. After receipt of the above said amount, the same will have to be deposited by the Tahsildar, to the credit of the District Mines and Minerals Foundation Trust, Nagapattinam, as non-refundable deposit;

(ii) The petitioner shall execute a personal bond for a sum of Rs.50,000/- with two sureties each, for a like sum to the satisfaction of the District and Sessions Court, Nagapattinam. The petitioner and the sureties shall affix their photographs and give the copies of their Aadhaar Card;

(iii) 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;

(iv) The petitioner shall not alienate the vehicle in question till the disposal of the proceedings before the authority concerned;

(v) 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;

(vi) The petitioner shall surrender the original R.C. book before the District and Sessions Court, Nagapattinam; and (vii) The petitioner is also directed to participate in the enquiry to be conducted by the respondent. Petition relating to return of R.C. Book for any purpose in the future, may be filed before the District and Sessions Court, Nagapattinam, who may consider the same on merits, though this order has been passed by the High Court.

7. This petition is allowed in the above terms and the order dated 19.08.2020 passed in Crl.M.P.No.2148 of 2020 on the file of the District and Sessions Court, Nagapattinam, is set aside.

Sd/- Assistant Registrar (CS-VII) //True Copy// Sub Assistant Registrar sni To 1.The District and Sessions Judge, Nagapattinam District.

2.The Tahsildar, Nagapattinam.

3.The Inspector of Police, Anaikkarachathiram Police Station, Nagapattinam District.

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

Crl.R.C.No.738 of 2020 CA(CO) GN(22/10/2020)