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Madras High CourtCRL RC/1042/2024allowed

H.S. Ravichandra v. State Rep.By

2024-06-21Honourable Mr Justice M.Dhandapani8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.06.2024

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI H.S.Ravichandra ... Petitioner Vs.

The State, Represented by the Inspector of Police, Kolathur Police Station, Crime No.432 of 2023.

... Respondent Prayer : Criminal Revision Petition filed under Section 397 r/w. 401 of Criminal Procedure Code, to set aside the order, dated 09.01.2024 in Crl.M.P.No.2 of 2024 passed by the learned Judicial Magistrate No.I, Mettur and consequently, direct the respondent to return the vehicle namely, Maruthi Swift VDI bearing Registration No.KA-09-MC-5367 was seized by the respondent Police in Crime No.432 of 2023 under Section 4(1)(a) of Tamil Nadu Prevention Act to the petitioner forthwith. For Petitioner : Mr.L.P.Shanmugasundaram For Respondent : Mr.A.Gopinath, Government Advocate (Crl. Side)

ORDER

The Criminal Revision is filed, challenging the order, dated 09.01.2024 passed in Crl.M.P.No.2 of 2024 by the learned Judicial Magistrate No.I, Mettur.

2. The revision petitioner filed a petition in Crl.M.P.No.2 of 2024 under Section 457 of Cr.P.C., seeking interim custody of the vehicle viz., Maruthi Swift VDI bearing Registration No.KA-09-MC-5367. The said petition was dismissed by the learned Judicial Magistrate No.I, Mettur on 09.01.2024. Aggrieved over the said order, the criminal revision is preferred by the revision petitioner.

3. The learned counsel for the petitioner contended that the petitioner is the owner of the vehicle viz., Maruthi Swift VDI bearing Registration No.KA-09-MC-5367 and the said vehicle was seized by the respondent Police relating to the case in Crime No.432 of 2023 for the alleged offence punishable under Section 4(1)(a) of the Tamil Nadu Prevention 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. Mr.A.Gopinath, learned Government Advocate (Crl. side) appearing for the respondent did not raise any serious objection to return the vehicle to the present petitioner.

5. At this juncture, it is relevant to refer a decision of the Hon'ble Supreme Court in Sunderbhai Ambalal Desai and others Vs. State of Gujarat in Special Leave Petition (Crl.No.2745 of 2022) dated 01.10.2002, wherein, the relevant portion is extracted hereunder. Vehicles "In our view, whatever be the situation, it is of no use to keep such seized vehicles at the police stations for a long period. It is for the Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. This can be done pending hearing of applications for return of such vehicles. In case where the vehicle is not claimed by the accused, owner, or the insurance company or by third

person, then such vehicle may be ordered to be auctioned by the Court. If the said vehicle is insured with the insurance company, then insuance company be informed by the Court to take possession of the vehicle, which is not claimed by the owner or a third person. If insurance Company fails to take possession the vehicles may be sold as per the direction of the Court. The Court would pass such order within a period of six months from the date of production of the said vehicle before the Court. In any case, before handing over possession of such vehicles, appropriate photographs of the said vehicle should be taken and detailed panchanama should be prepared."

6. Considering the fact that keeping the vehicle idle in an open space, would diminish the value of the vehicle over a period of time and considering the dictum laid down by the Hon'ble Supreme Court, this Court is inclined to allow the Criminal Revision Case.

7. Accordingly, this Criminal Revision Case is allowed and the

impugned order in Crl.M.P.No.2 of 2024 dated 09.01.2024 passed by the learned Judicial Magistrate No.I, Mettur, is set aside and the vehicle shall be returned to the petitioner on the following conditions: i. the petitioner shall prove his ownership of the vehicle by producing the R.C.Book and other relevant records; ii. the petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) before the trial Court. iii. the Court may prepare a panchanama in Judicial Form No.82 with regard to the vehicle bearing Registration No.KA-09-MC-5367 and such panchanama can be used in evidence.

iv. the petitioner shall take photograph of the vehicle bearing Registration No.KA-09-MC-5367 and certify the same under Section 65B of the Central Act 1 of 1972 and such photographs may be used as secondary evidence. v. the petitioner shall not alienate or encumber the vehicle in any manner;

vi. the petitioner shall give an undertaking that he will not use

the vehicle for any illegal activities in future, vii.the petitioner shall also produce the vehicle as and when required before the court below and before the respondent police.

21.06.2024 NCC: Yes/No Index: Yes/No Speaking/Non-Speaking order ssb Note: Issue order copy on 24.06.2024.

To 1.The learned Judicial Magistrate No.I, Mettur.

2.The Sub Inspector of Police, Kolathur Police Station.

M.DHANDAPANI, J.

ssb 21.06.2024