Madras High CourtCRL RC/728/2022allowed

Muthuvel v. The Sub Inspector Of Police

2022-06-16Honourable Mr Justice D.Bharatha Chakravarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.06.2022 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Crl.R.C.No.728 of 2022 Muthuvel (Age 40) S/o.Muthuraja ... Petitioner

Versus

State Rep.by The Sub Inspector of Police, CSCID Chennai Police Station, Chennai.

... Respondent (Crime No.433 of 2021) Criminal Revision Case filed under Section 397 read with 401 Code of Criminal Procedure, to set aside the order dated 26.05.2022 made in Crl.M.P.No.3167 of 2022 on the file of the Judicial Magistrate No.I, Thiruvallur, dismissing the petition to return of vehicle of Tata Ace, bearing Registration No.TN - 18 - AS - 8562, to the petitioner herein.

For Petitioner :

Mr.R.Sasikumar For Respondent :

Mr.S.Vinoth Kumar Government Advocate (Crl.side)

O R D E R

This Criminal Revision is filed aggrieved by the order dated 26.05.2022 in Crl.M.P.No.3167 of 2022 passed by the learned Judicial Magistrate No.1, Thiruvallur, whereby, the prayer of the petitioner to return the vehicle being a Tata Ace, bearing Registration No.TN 18 AS 8562, has been rejected by the Trial Court.

2.It is seen that the prayer had been rejected on the ground that confiscation process is pending and there is a bar under Section 6E of the Essential Commodities Act, 1955. Such a conclusion arrived at by the Trial Court is right, and this Criminal Revision is without any merits and accordingly, it is dismissed.

https://hcservices.ecourts.gov.in/hcservices/

3.However, there shall be a direction to the respondent/police to complete the confiscation proceedings, within a period of two months from the date of receipt of a copy of this order. The petitioner is at liberty to workout his remedy after completion of the confiscation proceedings. Sd/- Assistant Registrar(CS IV) True Copy// Sub Assistant Registrar klt To

1. The Judicial Magistrate No.I, Thiruvallur.

2. The Sub Inspector of Police, CSCID Chennai Police Station, Chennai.

3. The Public Prosecutor, High Court of Madras.

+1cc to Mr.R.Sasikumar, Advocate, S.R.No.36138 Crl.R.C.No.728 of 2022 PMK[co] NSK/28/06/2022 https://hcservices.ecourts.gov.in/hcservices/