Thirunavukarasu v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:26.06.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Thirunavukarasu

...Petitioner

Vs.

State Represented by The Sub-Inspector of Police, Gingee Police Station, Villupuram District.

... Respondent PRAYER: Criminal Revision Petition filed under Section 438 r/w. 442 of BNSS, 2023, to set aside the order passed in Crl.M.P.No.76 of 2025 dated 14.02.2025 on the file of the Judicial Magistrate Court Gingee and direct the respondent to release the vehicle "JCB INDIA LIMITED COLOR YELLOW" bearing unnumbered registration No.(Engine No.H00438181), (Chasis No.RAJ3DXS4C03429780) which was seized in connection with the Crime No.41 of 2025 on the file of the respondent police to the petitioner.

For Petitioner : Mr.S.Siva Kumar For Respondent : Mr.A.Gopinath Government Advocate (Crl.side)

ORDER

This Criminal Revision has been filed as against the order dated 14.02.2025 passed in Crl.M.P.No.76 of 2025 on the file of the Judicial Magistrate Court Gingee, thereby dismissing the petition to return the property.

2. The petitioner is the owner of the vehicle JCB INDIA LIMITED COLOR YELLOW bearing unnumbered Reg.No.(Engine No.H00438181), (Chasis No.RAJ3DXS4C03429780). The said vehicle was used for illegal mining and transportation of river sand. In pursuant to the same, FIR has been registered and it has been found that the petitioner's vehicle and other vehicles were used for transportation of three units of river sand without any valid permit. Therefore, the petitioner's vehicle was seized and deposited before the Court in Cr.No.41 of 2024 registered for the offence punishable under Section 30392), 326(a) BNS, Section 2191) of Mines and Minerals (D&R) Act and Section 3(1) of TNPPPDL Act.

3. The learned counsel for the petitioner would submit that the petitioner is the owner of the vehicle and he is no way connected with the crime as alleged by the prosecution.

4. Though the petitioner is not an accused, his vehicle in involved in illegal mining and transportation of river sand. Therefore the trial Court has rightly dismissed the petition. This Court finds no ground to entertain the present petition.

5. In view of the same, this Criminal Revision Case is dismissed. 26.06.2025 Index : Yes/No : Yes/No Speaking/non-speaking order bkn To

1. The Judicial Magistrate Court, Gingee.

2. The Sub-Inspector of Police, Gingee Police Station, Villupuram District.

3. The Public Prosecutor High Court, Madras.

G.K.ILANTHIRAIYAN, J.

bkn 26.06.2025