Harimurugan v. State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.08.2021
CORAM:
THE HON'BLE Mr. JUSTICE P.VELMURUGAN Criminal Revision Case No.482 of 2021 Harimurugan
...Petitioner
Versus
State Rep. by The Inspector of Police, Uthukottai Police Station, Thiruvallur District, Crime No.198 of 2021.
...Respondent
Criminal Revision Case filed under Section 397 and 401 Criminal Procedure Code, to set aside the order dated 02.08.2021 made in Crl.M.P.No.1714 of 2021 on the file of the District Munsif-cum-Judicial Magistrate, Uthukottai, Thiruvallur District dismissing the petition to return the vehicle of Two Wheeler KTM 200 Duke BS III bearing Registration No.TN-04-AQ-9189 to the petitioner herein.
For Petitioner :
Mr.V.Manimaran for Mr.R.Sasikumar For Respondent :
Mr.S.Sugendran Government Advocate (Crl.Side)
O R D E R
This Criminal Revision Case has been filed against the order dated 02.08.2021 passed in Crl.M.P.No.1714 of 2021 by the learned District Munsif-cum-Judicial Magistrate, Uthukottai, Thiruvallur District.
2.It is the case of the petitioner that the respondent police registered a case in Crime No.198 of 2021 against the petitioner for the offence under Sections 4(1) (a) of Tamil Nadu Prohibition Act and seized the two wheeler viz., KTM 200 Duke BS III bearing Registration No.TN-04-AQ-9189. The petitioner filed a petition under Section 451 and 457 Cr.P.C in Crl.M.P.No.1714 of 2021 seeking interim custody of the vehicle. The learned District Munsif-cum-Judicial Magistrate, Uthukottai by an order, dated 02.08.2021 dismissed the petition, against which, the present Criminal Revision Case is filed before this Court.
3.The learned counsel for the petitioner would submit that the petitioner is the owner of the vehicle. On the date of occurrence i.e. on 25.05.2021, when the petitioner's brother was riding the two wheeler from Dhombarambedu to Uthukottai, at that time the respondent police intercepted the said vehicle and found 29 brandy bottles and registered the case against the petitioner's brother and seized the vehicle. He would further submit that the petitioner's name was not found in the F.I.R and he is no way connected with the alleged offence. Therefore, the petitioner seeks interim custody of the said vehicle and that he would abide by stringent conditions, if any, to be imposed on him.
4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner was alleged to have used the said vehicle for illegal transportation of I.D.Arrack. He would further submit that in the present case show cause notice issued and confiscation proceedings initiated and hence, the vehicle in question cannot be released at this stage.
5.This Court considered the rival submissions and perused the materials available on record.
6.On a perusal of the records, it is seen that the respondent police registered the case in Crime No.198 of 2021 against the petitioner for the offence under Sections 4(1) (a) of Tamil Nadu Prohibition Act and also seized the vehicle. Pending investigation, the petitioner filed a petition for interim custody of the vehicle, however, the same was dismissed by the Court below.
7.Considering the facts and circumstances of the case and that the vehicle is kept in the open space and exposed to heat, rain and dust and also considering the fact that the Government itself is doing business of selling alcohol through TASMAC Shops, it is very easy for the public to access the subject matter liquor, this Court directs the learned District Munsifcum- Judicial Magistrate, Uthukottai, Thiruvallur District to return the vehicle bearing Registration No.TN-04-AQ-9189, to the petitioner, on the following conditions:- (i)The petitioner shall produce the original RC Book of the vehicle and other relevant records to prove his ownership and the learned Magistrate, on perusal of the RC book and other records, retaining the Xerox copy of the same, shall return the original documents to the petitioner with a view to use the vehicle;
(ii)The petitioner shall not alter or alienate the vehicle in any manner till confiscation proceedings is over;
(iii)The petitioner is directed to deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), as nonrefundable deposit through RTGS/NEFT in favour of the Joint Secretary & Treasurer, Chief Minister's Public Relief Fund, Finance (CMPRF) Department, Government of Tamil Nadu, Secretariat, Chennai 600 009, Tamil Nadu, India, e-mail: jscmprf@tn.gov.in or by Electronic Clearing System (ECS) to Indian Overseas Bank, Secretariat Branch, Chennai 600 009, S.B.Account No.11720 10000 00070, IFS Code IOBA0001172, CMPRF PAN: AAAGC0038F and on such payment and production of proof, the vehicle shall be returned;
(iv)The petitioner shall also give an undertaking that he will not use the vehicle for any illegal activities in future and also to produce the vehicle as and when required by the respondent or the Court below as well as by the District Collector of the District or authorized officer in that behalf by the Government;
(v)The petitioner shall participate in the confiscation proceedings, if any initiated, and shall produce the vehicle, before the confiscation authority. This order is subjected to the confiscation proceedings.
8.With the above directions, the Criminal Revision Case is allowed by setting aside the order dated 02.08.2021 passed in Crl.M.P.No.1714 of 2021 by the learned District Munsif-cumJudicial Magistrate, Uthukottai, Thiruvallur District. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar ms To
1. The District Munsif-cum- Judicial Magistrate, Uthukottai, Thiruvallur District.
2. -do- through Chief Judicial Magistrate, Thiruvallur
3. The Inspector of Police, Uthukottai Police Station, Thiruvallur District.
4. The Joint Secretary & Treasures, Chief Minister's Public Relief Fund(CMPRF) Dept, Government Of Tamil Nadu, Secretariat, Chennai - 09.
5. The Public Prosecutor, High Court, Madras.
+1cc to Mr.R.Sasikumar, Advocate, S.R.No.41147 Crl.R.C.No.482 of 2021 CP[co] NSK 13/09/2021