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Madras High CourtCRL RC/598/2021allowed on condition

S.Muthu v. State Rep By

2021-09-29Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.09.2021

CORAM:

THE HON'BLE Mr. JUSTICE P.VELMURUGAN Criminal Revision Case No.598 of 2021 S.Muthu

...Petitioner

Vs.

The State Rep. by the Inspector of Police C-2 Periyapalayam Police Station Tiruvallur District Cr.No.282 of 2021

...Respondent

Criminal Revision Case filed under Section 397 read with 401 of Criminal Procedure Code praying to call for the records pertaining to the order dated 02.08.2021 made in C.M.P.No.1686 of 2021 on the file of Judicial Magistrate, Uthukottai and set aside the same.

For Petitioner : Mr.K.B.Vivekanandhan For Respondent : Mr.S.Sugendran Government Advocate (Crl.Side)

O R D E R

(The case has been heard through video conference) This Criminal Revision Case has been filed against the order dated 02.08.2021 made in C.M.P.No.1686 of 2021 on the file of District Munsif -cum - Judicial Magistrate, Uthukottai, and to set aside the same.

2.It is the case of the petitioner that the respondent police registered a case in Crime No.282 of 2021 against him for the offence under Sections 4(1)(a) of TNP Act and seized the two wheeler bearing Regn.No.TN-20-CK-1591 (PULSAR 180 DTSI). During the pendency of the investigation, the petitioner filed an application before the District Munsif-cum-Judicial Magistrate, Uthukottai, in CMP No. 1686 of 2021 under Sections 451 and 457 of Cr.P.C seeking relief of interim custody of the vehicle and the learned Magistrate by order dated 02.08.2021 dismissed the

same. Challenging the said order, the petitioner has filed the present revision before this Court.

3.The case of the prosecution is that on 29.05.2021 when the respondent/police were conducting vehicle check up near Vada Thillai Bus Stop, they intercepted a two wheeler bearing Registration No.TN-20-CK-1591 and on search, it was found that the petitioner was illegally transporting 18 bottles of liquor (Andhra Pradesh State) without any valid permit from the Government. Hence the case in Crime No.282 of 2021 was registered against the petitioner and the vehicle was seized.

4. The learned counsel for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case. He would further submit that the vehicle is kept in open place in the respondent police station and due to exposure of sun and rain, the value of the vehicle would be diminished. He would submit that the petitioner had filed a petition before the learned District Munsif -cum - Judicial Magistrate, Uthukottai, for return of vehicle whereas, the learned Magistrate, without considering the fact, dismissed the petition. Therefore, the petitioner has filed the present revision before this Court. He would further submit that the petitioner is prepared to abide by any condition imposed by this Court and he would pray that the vehicle may be returned to the petitioner.

5. The learned Government Advocate (Crl. Side) would submit that the said vehicle is involved in illegal transportation of 18 nos. of liquor bottles (Andhra Pradesh State) and if the vehicle is released at this stage, there is every possibility of tampering the engine and chassis number of the vehicle and thereby, the investigation would be defeated. Hence, he objects for release of the vehicle.

6. Heard the learned Counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent police and perused the materials on record.

7. Considering the facts and circumstances of the case and that the vehicle is kept in the open space and exposed to natural calamities, this Court directs the learned District Munsif-cum-Judicial Magistrate, Uthukottai, to return the vehicle bearing Regn.No.TN-20-CK-1591 (PULSAR 180 DTSI) 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 non-refundable 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. Accordingly, this Criminal Revision case is allowed by setting aside the order 02.08.2021 made in C.M.P.No.1686 of 2021 on the file of District Munsif -cum - Judicial Magistrate, Uthukottai.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ksa-2

To

1. The District Munsif-cum-Judicial Magistrate, Uthukottai

2. The Inspector of Police C-2 Periyapalayam Police Station Tiruvallur District

3. The Public Prosecutor, High Court, Madras.

Copy to

1. The Joint Secretary & Treasurere, Chief Minister's Public Relief Fund, Finance(CMPRF) Department, Government of Tamil Nadu, Secretariat, Chennai - 9.

2. The Branch Manager, Indian Overseas Bank, Secretariat Branch, Chennai - 9.

3. The District Collector, Tiruvallur.

+1cc to Mr.K.B.Vivekanandhan, Advocate, S.R.No.50444 Crl.R.C.No.598 of 2021 GPL[co] NSK 20/10/2021