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Madras High CourtCRL RC/677/2021allowed on condition

R.Nishanthi v. State Rep By

2021-10-29Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.10.2021

CORAM:

THE HON'BLE MR.JUSTICE P.VELMURUGAN CRL.R.C.No.677 of 2021 & Crl.R.C.No.11008 of 2021 R.Nishanthi W/o, Vinoth Kumar

...Petitioner

Versus

The State rep by The Inspector of Police, Uthukottai Police Station, Thiruvallur District.

...Respondent

PRAYER: Criminal Revision Petition filed under Section 397 r/w 401 of the Code of Criminal Procedure, to call for the records of the order dated 30.07.2021 passed by the learned District Munsif cum Judicial Magistrate, Uthukottai made in Crl.M.P.No.1692 of 2021 in Crime No.142 of 2021 to return the petitioner's car viz.Hyundai Verna car bearing Registration No.TN-05-AZ-9787.

For Petitioner : Mr.M.Premkumar For Respondent : Mr.M.Sugendran Government Advocate, (Criminal Side)

ORDER

This Criminal Revision Petition has been filed to call for the records of the order dated 30.07.2021 passed by the learned District Munsif cum Judicial Magistrate, Uthukottai made in Crl.M.P.No.1692 of 2021 in Crime No.142 of 2021 to return the petitioner's car viz.Hyundai Verna car bearing Registration No.TN-05-AZ-9787.

2.It is the case of the petitioner that the respondent police registered a case in Crime No.142 of 2021 against the accused one Vinoth for the offence under Section 4(1) (a) of

Tamil Nadu Prohibition Act and seized the petitioner's Hyundai Verna car bearing Registration No.TN-05-AZ-9787. The petitioner filed a petition under Section 451 and 457 Cr.P.C in Crl.M.P.No.1692 of 2021 seeking interim custody of the vehicle. The learned District Munsif-cum-Judicial Magistrate, Uthukottai by an order, dated 30.07.2021 dismissed the petition, against which, the present Criminal Revision Case is filed before this Court.

3.The case of the prosecution is that on 19.05.2021 when the respondent/police checking the vehicles at Chetty Street, Uthukottai, they intercepted the Hyundai Verna car bearing Registration No.TN-05-AZ-9787. On suspicion, they searched the vehicle and found 15 bottles of 180ml Daaru house xo brandy in a sack and hence, the case in in Crime No.142 of 2021 was registered against one Vinoth, who driven the alleged vehicle, for the offence under 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 she is no way connected with the alleged offence. Therefore, she seeks interim custody of the said vehicle and that the petitioner would abide by stringent conditions, if any, to be imposed on her. 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, show cause notice was issued to the petitioner and confiscation proceedings 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.142 of 2021 against the accused for the offence under Section 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.

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 District Munsifcum-Judicial Magistrate, Uthukottai, to return the vehicle

Hyundai Verna car bearing Registration No.TN-05-AZ-9787, 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 her 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 she 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 30.07.2021 passed in Crl.M.P.No.1692 of 2021, by the learned District Munsif-cumJudicial Magistrate, Uthukottai. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar

mfa To

1. The District Munsif cum Judicial Magistrate, Uthukottai.

2. The Inspector of Police, Uthukottai Police Station, Thiruvallur District.

3. The Joint Secretary & Treasurer, Chief Minister Public Relief Fund, Finance (CMPRF) Department, Govt of Tamil Nadu, Secretariat, Chennai - 9.

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

5. The District Collector, Thiruvallur District.

6. The Public Prosecutor, High Court, Madras.

CRL.R.C.No.677 of 2021 & Crl.R.C.No.11008 of 2021 GPL[co] NSK 15/11/2021