V.K.Nb.Deenpillai v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.08.2023

CORAM

THE HONOURABLE MRS. JUSTICE R.HEMALATHA Crl.R.C.No.1377 of 2023 V.K.N.Deen Pillai

...Petitioner

Vs.

The State Rep. by The Inspector of Police, Prohibition Enforcement Wing Thiruvarur, Thiruvarur District.

... Respondent Prayer : Criminal Revision Petition filed under Section 397 r/w 401 Cr.P.C. against the order dated 25.04.2023 passed in Crl.M.P.No.1869 of 2023 on the file of the Judicial Magistrate, Thiruvarur. For Petitioner : Mr. K. Karuppaiyamooppanar For Respondent : Mr. R. Vinothraja Government Advocate (crl.Side)

ORDER

The present Criminal Revision is filed against the orders dated 25.04.2023 passed in Crl.M.P.No.1869 of 2023 on the file of the Judicial Magistrate, Thiruvarur.

2. The revision petitioner filed the abovesaid Criminal Miscellaneous Petition under Section 451 & 457 Cr.P.C. for return of the property, namely, MARUTHI SWIFT bearing Registration No.TN-50AA-4885, which was seized on 05.04.2023 in connection with Crime No.307/2023 of Prohibition Enforcement Wing, Thiruvarur, for the offences under Section 4(1)(a) of Tamil Nadu Prohibition Act.

3. The learned Judicial Magistrate, Thiruvarurr, vide his orders dated 25.04.2023, dismissed the said petition on the ground that since the prosecution has initiated the proceedings under Section 14 of the Tamil Nadu Prohibition Act and the seized property, namely the vehicle, was also handed over to the Deputy Superintendent of Police, Prohibition Enforcement Wing, Thiruvarur, the vehicle cannot be returned to the present revision petitioner.

4. When the matter is taken up for hearing today, the learned Government Advocate (Crl. Side) contended that pursuant to the confiscation proceedings initiated by the respondent police, the Deputy

Superintendent of Police, Prohibition Enforcement Division, Thiruvarur District, had issued a show cause notice to the owner of the vehicle under Section 14(3) and 14(4) of the Tamil Nadu Prohibition Act, 1937 dated 15.04.2023.

5. In the circumstances, I do not see any reason to interfere with the orders passed by the trial court judge.

6. In the result, i. the Criminal Revision Petition is dismissed. No costs. ii. the order dated 25.04.2023 passed in Crl.M.P.No.1869 of 2023 on the file of the Judicial Magistrate, Thiruvarur, is confirmed.

07.08.2023 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order bga

R. HEMALATHA, J.

bga To

1. The Judicial Magistrate, Thiruvarur

2. The State Rep. by The Inspector of Police, Prohibition Enforcement Wing Thiruvarur, Thiruvarur District.

Crl.R.C.No.1377 of 2023 07.08.2023