Madras High CourtCRL RC/793/2024dismissed

Dhanalakshmi v. State Rep By

2024-06-06Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.06.2024

CORAM:

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Dhanalakshmi ... Petitioner Vs.

State Rep. by The Inspector of Police PEW, Tiruppur District, (Crime No.1078 of 2023) ... Respondent Prayer: Criminal Revision case has been filed under Section 397 r/w 401 of Cr.P.C, to call for the records in Crl.M.P.No.2747 of 2024 on the file of the Judicial Magistrate, No.4, Tiruppur and set aside the same and subsequently grant interim custody of Toyato Corolla Altis bearing registration number UP 16 AR 9315 to the petitioner.

For Petitioner : Mr.T.Balachandran For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

ORDER

The Criminal Revision is filed, challenging the order, dated 05.04.2024 passed in Crl.M.P.No.2747 of 2024 by the learned Judicial Magistrate, No.4, Tiruppur.

2. The revision petitioner filed a petition in Crl.M.P.No.2747 of 2024 seeking interim custody of the vehicle viz., Toyato Corolla Altis bearing registration number UP 16 AR 9315. The said petition was dismissed by the learned Judicial Magistrate, No.4, Tiruppur on 05.04.2024. Aggrieved over the said order, the Criminal revision is preferred by the revision petitioner.

3. Learned counsel for the petitioner contended that the petitioner is the owner of the vehicle viz., Toyato Corolla Altis bearing registration number UP 16 AR 9315 and the said vehicle was seized by the Respondent Police on 12.12.2023 in Crime No.1078/2023 for an alleged offence punishable under Sections 4(1-A) and 4(1)(aa) of Tamil Nadu Prohibition Act. The said vehicle is kept in the custody of Police in open space in the Police Station. If the vehicle is kept in an open space, the value of the same will diminish over the period of time. Therefore he prayed for return of the vehicle.

4. When the matter is taken up for hearing today, the learned Government Advocate (Crl. side) on instruction, submitted that confiscation proceedings have been initiated under Section 14(4) of the Tamilnadu

Prohibition Act, 1937 on 16.05.2024.

5. Since confiscation proceedings have already been initiated, the present Criminal Revision Petition stands dismissed. 06.06.2024 Index:Yes/No Speaking/Non speaking order msv To 1.The Judicial Magistrate, No.4, Tiruppur

2. The Inspector of Police PEW, Tiruppur District.

3.The Public Prosecutor, High Court, Madras.

M.DHANDAPANI.J, msv 06.06.2024