Parthiban v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.06.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Parthiban .....

Petitioner Vs State rep. by The Inspector of Police Udumalpet Police Station Tiruppur District .....

Respondent PRAYER: Criminal Revision Case is filed under Section 438 r/w 442 of BNSS Act, 2023, to set aside the order passed in Crl.M.P No.4074 of 2024 dated 04.02.2025 on the file of learned Judicial Magistrate-I, Udumalpet, Tiruppur District.

For Petitioner : Mr.M.N.Balakrishnan For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

O R D E R

This Criminal Revision has been filed challenging the order passed in Crl.M.P No.4074 of 2024 dated 04.02.2025 by the learned Judicial Magistrate-I, Udumalpet, Tiruppur District, thereby dismissing the petition

filed for return of vehicle namely Tipper Lorry bearing Registration No.TN 56 J 7180.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent and also perused the materials available on record.

3. The petitioner owned a Tipper Lorry bearing Registration No.TN 56 J 7180. Pursuant to the registration of FIR in Crime No.700 of 2024, on the file of the respondent Police, the Tipper Lorry owned by the petitioner was seized by the respondent alleging that the Driver of the Tipper Lorry was illegally transporting 3 units of gravel sand without any permission or license. The case has been registered for the offence punishable under Section 305(e) of B.N.S Act 2023 r/w 21(1) of Mines and Minerals (Development & Regulation) Act 1957, as against the Driver and Owner of the Tipper Lorry. The petitioner is arrayed as A1. The said vehicle was produced before the Judicial Magistrate-I, Udumalpet, Tiruppur District.

4. The learned Government Advocate (Crl.side) would submit that now investigation is in progress and a final report is yet to be filed.

5. In view of the above, this Court is inclined to return the vehicle to the petitioner and accordingly, the order passed in Crl.M.P.No.4074 of 2024 dated 04.02.2025 by the Judicial Magistrate-I, Udumalpet, Tiruppur District, is hereby set aside. The Judicial Magistrate-I, Udumalpet, Tiruppur District, is directed to return the Tipper Lorry bearing Registration No.TN 56 J 7180 to the petitioner, forthwith on the following conditions:- (i) the petitioner is directed to execute a own bond for a sum of Rs.1,00,000/- (Rupees One lakh only) to the satisfaction of the concerned Magistrate to the credit of Crime No.700 of 2024 pending on the file of the respondent police.

(ii) the petitioner shall deposit the original registration certificate of the vehicle with the concerned Magistrate.

(iii) the seized item should be photographed at the cost of the petitioner herein and a list is to be prepared and the same is to be signed by the petitioner. (iv) the petitioner shall not alienate and shall not make any alteration in the vehicle.

(v) the petitioner shall produce the vehicle before the Court and before the respondent police as and when required;

(vi) If any of the conditions are violated, this order automatically stands cancelled.

6. Accordingly, the Criminal Revision Case stands allowed. 05.06.2025 Index : Yes/No (1/2) : Yes/No Speaking/non-speaking order uma To 1.The Judicial Magistrate Udumalpet, Tiruppur District.

2. The Inspector of Police Udumalpet Police Station Tiruppur District

3. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

uma Crl.R.C No.650 of 2025 (1/2) 05.06.2025