Ashok Kumar v. The State Rep By Its Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.07.2025
CORAM:
THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Ashok Kumar
...Petitioner
Vs.
1. The Inspector of Police, Sipcot Police Station, Krishnagiri District.
(Cr.No.33 of 2024) ... Respondent PRAYER: Criminal Revision Petition filed under Section 438 r/w. 442 BNSS, to set aside the order of dismissal in Crl.M.P.No.324 of 2025 dated 24.03.2025 passed by the learned Judicial Magistrate No.II, Hosur and allow this Criminal Revision.
For Petitioner : Mr.P.Belman For Respondent : Mr.A.Gopinath Government Advocate (Crl.side)
ORDER
This revision has been preferred as against the order in Crl.M.P.No.324 of 2025 dated 24.03.2025 passed by the learned Judicial Magistrate No.II, Hosur, thereby dismissing the petition to return the vehicle.
2. The petitioner owned Hyundai Creta Car bearing Reg.No.TN-12-L3339. While being so the petitioner was found in possession of Hans Chaap Tobacco in 10 nylon bags, Swagat in three nylon bags, Cool Lip in 5 nylon bags, Vimala Pan Masala 12 small nylon bags, V-1 Tobacco 12 small nylon bags. In total, he was found in possession of 297.4 kg of contraband and he had also transported 5640 litres of liquor. Hence a case has been registered against the petitioner in Cr.No.33/2024 for the offences punishable under Section 328 IPC, 7, 20 (1), 4(1)(a) of TNP Act. In pursuance of registration of FIR, the vehicle was seized along with the tobacco products and produced before the trial Court.
3. Since the petitioner had transported a large quantity of contraband and liquor by using the aforesaid vehicle, this Court is not inclined to allow
this petition. This Court finds no infirmity or illegality in the order passed by the trial Court.
4. Accordingly, this Criminal Revision Case is dismissed. The aforesaid vehicle shall be confiscated in the manner known to law. 01.07.2025 Index : Yes/No : Yes/No Speaking/non-speaking order bkn To
1. The Judicial Magistrate No.II, Hosur
2. The Inspector of Police, Sipcot Police Station, Krishnagiri District.
3. The Public Prosecutor High Court, Madras.
G.K.ILANTHIRAIYAN, J.
bkn 01.07.2025