Madras High CourtCRL RC/569/2021allowed on condition

R. Boopathi v. Inspector Of Police

2021-09-20Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.09.2021

CORAM:

THE HON'BLE Mr. JUSTICE P.VELMURUGAN Criminal Revision Case No.569 of 2021 R.Boopathi ... Petitioner

Versus

The Inspector of Police, Kangeyam Police Station, Kangeyam, Tiruppur District.

Crime No. 937 of 2021 ... Respondent Criminal Revision Case filed under Section 397 read with 401 Criminal Procedure Code, to set aside the order passed in Crl.M.P.No.2019 of 2021 dated 18.08.2021 by the learned Judicial Magistrate, Kangayam and direct the respondent to return the petitioner's vehicle bearing Registration No.TN-30-AL-0562. For Petitioner : Mr.G.Murugendran 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 18.08.2021 passed in Crl.M.P.No.2019 of 2021 by the Judicial Magistrate, Kangayam.

2.It is the case of the petitioner that the respondent police registered a case in Crime No.937 of 2021 against the petitioner for the offence under Sections 279 and 337 of IPC and Section 4(1) (a) of Tamil Nadu Prohibition Act and seized the vehicle viz., Lorry bearing Registration No.TN-30-AL-0562. The petitioner filed a petition under Section 451 and 457 Cr.P.C in Crl.M.P.No.2019 of 2021 of 2021 seeking interim custody of the vehicle. The the learned Judicial Magistrate, Kangayam, by an order dated 18.08.2021 dismissed the petition, against which, the present Criminal Revision Case is filed before this Court.

3.The case of the prosecution is that on 03.07.2021 at about 9.50 am, when the de facto complainant proceeded through Kangayam-Erode road and when he was nearing Nathakadaiyur Check Post, a lorry bearing Registration No.TN 30 AL 0562 came in a rash and negligent manner and dashed over his two wheeler, which caused an accident. At that time, the driver of the lorry, Mr.Velusamy got down from the lorry along with an white bag in which he has 12 bottles of Old Admiral Brand each measures one litre. The driver has no valid permission to possess the liquor and therefore the case in Crime No.937 of 2021 was registered against the petitioner for offence under Sections 279 and 337 IPC and Section 4(1) (a) of Tamil Nadu Prohibition, Act, 1937 and seized the above said vehicle.

4.The learned counsel for the petitioner would submit that the petitioner is the owner of the vehicle and he is in no way connected with the alleged offence. Therefore, he seeks interim custody of the said vehicle and that the petitioner would abide by stringent conditions, if any, to be imposed on him. 5.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that since the petitioner was alleged to have used the said vehicle for illegal transportation of liquor bottles. He would further submit that show cause notice was issued to the petitioner and confiscation proceedings is going to be initiated and hence, the vehicle in question cannot be released at this stage.

6.This Court considered the rival submissions and perused the materials available on record.

7.On a perusal of records, it is seen that the respondent police registered the case in Crime No.937 of 2021 against the petitioner for the offence under Sections 279 and 337 IPC and Section 4(1) (a) of Tamil Nadu Prohibition, Act, 1937 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.

8.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 Judicial Magistrate, Kangayam to return the vehicle lorry bearing Registration No.TN-30-AL-0562, 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.1,00,000/- (Rupees One Lakh 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.

9.With the above directions, the Criminal Revision Case is allowed by setting aside the order dated 18.08.2021 passed in Crl.M.P.No.2019 of 2021 by the Judicial Magistrate, Kangeyam. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar pbl/ms

1. The Judicial Magistrate, Kangayam.

2. The Inspector of Police, Kangeyam Police Station, Kangeyam, Tiruppur District.

3. The Public Prosecutor, High Court, Madras.

4. The Joint Secretary & Treasurer, Chief Minister's Public Relief Fund, Finance (CMPRF) Department, Government of Tamil Nadu, Secretariat, Chennai 600 009.

+1CC to Mr.G.Murugendran, Advocate, Sr.No.47685 Crl.R.C.No.569 of 2021 RLD (CO) K.RK. (30.09.2021)