Vengadesan v. The State Rep By, The Sub-Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.06.2025

CORAM:

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

Petitioner Vs The State rep by its The Inspector of Police, PEW Villupuram Villupuram District Crime No.92 of 2025.

.....

Respondent PRAYER: Criminal Revision Case is filed under Sections 438 & 442 of Bharatiya Nagarik Suraksha Sanhita, 2023, to set aside the order passed in Crl.M.P.No.980 of 2025 on the file of the learned Judicial Magistrate No.I, Villupuram dated 06.06.2025 and grant interim custody of the Suzuki Access 125 bearing Registration No.TN-32-BA-7794 in favour of the petitioner. For Petitioner : Mr.R.Raji For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

O R D E R

This Criminal Revision has been filed challenging the order dated 06.06.2025 passed in Crl.M.P.No.980 of 2025 on the file of the Judicial Magistrate No.I, Villupuram, thereby dismissing the petition filed for return of vehicle, viz., Suzuki Access 125 bearing Registration No.TN-32-BA-7794.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The petitioner owned a two wheeler bearing Registration No.TN-32-BA-7794. During a routine check up, the petitioner was found to be in illegal possession of 47 bottles of brandy, each containing 180 ml of Meclene, without any valid permission or license. Consequently, the respondent Police registered an FIR in Crime No.92 of 2025 for the offences punishable under Sections 4(1)(a), 4(1)(i) and 14A of Tamil Nadu Prohibition Act r/w 4(1)(C), 4(1)(A) of the Tamil Nadu Prohibition (Amendment) Act, 2024. Subsequently, the petitioner was arrested and the vehicle along with the liquor was seized by the respondent. All the seized materials were produced before the Trial Court. Therefore, the petitioner filed an application seeking return of the vehicle, which was dismissed by the Trial Court.

4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submitted that the vehicle was involved in the commission of an offence under the Tamil Nadu Prohibition Act. Therefore, the respondent has initiated the confiscation proceedings as against the said vehicle, which is pending.

5. In view of the above, this Court finds no infirmity or illegality in the order dated 06.06.2025 passed in Crl.M.P.No.980 of 2025 on the file of the Judicial Magistrate No.I, Villupuram. Accordingly, this Criminal Revision Case stands dismissed.

24.06.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To

1. The Judicial Magistrate No.I, Villupuram.

2. The Inspector of Police, PEW Villupuram Villupuram District

3. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

Lpp 24.06.2025