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Madras High CourtCRL OP/13395/2024disposed of

Vijayakumar v. The State Rep By

2024-06-24Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.06.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Vijayakumar ... Petitioner Vs.

The State, Rep. By the Inspector of Police, Tiruppur North Police Station, Tiruppur.

(Crime No.1539/2022) ... Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to set aside the order dated 29.02.2024 in Crl.M.P.No.473 of 2024 by the learned Additional District Judge/Presiding Officer, Special Court for Essential Commodities Act Cases, Coimbatore in Crime No.1539 of 2022 on the file of the respondent police.

For Petitioner : Mr.A.Parthasarathy For Respondent : Mr.S.Udaya kumar Government Advocate (Crl.Side)

O R D E R

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The petitioner is the owner of the vehicle bearing registration No.TN 39 BH 2277 (Mahindra Scorpio VLX). Based on the confession statement given by the petitioner, vehicle been seized on suspicion that the vehicle was used for transporting Ganja by the other accused who were secured on 13.12.2022. The vehicle was seized along with the 2nd accused on suspicion during the vehicular check. When the accused filed an application for return of vehicle, the Special Court for Essential Commodities Act Cases, after considering the facts and circumstances allowed the application on condition that the petitioner shall execute a bond for a sum of Rs.3,00,000/- with two sureties each for a like sum, besides the other usual conditions. Being aggrieved by the condition to deposit Rs.3,00,000/- with two sureties, this petition is filed for modification.

2.

After considering the submissions made by the learned counsel for the petitioner, the learned Government Advocate (Crl.Side) and the fact that the vehicle is of 2013 year make and is about 10 years old. Hence the condition to deposit Rs.3,00,000/- is modified Rs.1,50,000/-, rest of the conditions shall stand. 3.

With the above modification, this Criminal Original Petition 2/4

is disposed of.

24.06.2024 Index : Yes/No rpl To 1.The Additional District Judge/Presiding Officer, Special Court for Essential Commodities Act Cases, Coimbatore 2.The Inspector of Police, Tiruppur North Police Station, Tiruppur.

3.The Public Prosecutor, High Court of Madras, Chennai.

Dr.G.JAYACHANDRAN,J.

rpl 3/4

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