Ashok Bharti v. The State By The 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 Bharti

...Petitioner

Vs.

The Inspector of Police, Karumathampatty Police Station, Coimbatore District.

Crime No.580/2024 ... Respondent PRAYER: Criminal Revision Petition filed under Section 438 r/w.442 of BNSS, to call for the records pertains to the order dated 02.04.2025 made in C.M.P.No.247 of 2025 on the file of the learned Judicial Magistrate, Sulur and set-aside the same and direct the respondent police to return the car to the petitioner.

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

ORDER

This revision has been preferred as against the order dated 02.04.2025 made in C.M.P.No.247 of 2025 on the file of the learned Judicial Magistrate, Sulur, thereby dismissing the petition to return the property.

2. The petitioner owned Maruti Suzuki Vitara car bearing Reg.No.TN66-AS-6225. While being so the accused found in possession of tobacco product weighing 399 kgs of tobacco products from the said vehicle which was driven by the first accused and owned by the petitioner herein. Therefore, FIR was registered in Cr.No.580/2024 for the offences punishable under Section 24(1) COTPA Act, 2003. The petitioner is also arrayed as second accused. In pursuance of registration of FIR, the vehicle has been seized and produced before the trial Court.

3. On perusal of the records it is revealed that the said vehicle was used for transporting tobacco products and hence it has to be confiscated under the Act. Therefore the trial Court rightly dismissed the petition to return the property and this Court finds no infirmity or illegality in the order passed by the trial Court.

4. Accordingly, this Criminal Revision Case is dismissed. 01.07.2025 Index : Yes/No : Yes/No Speaking/non-speaking order bkn To

1. The Judicial Magistrate, Sulur

G.K.ILANTHIRAIYAN, J.

bkn 01.07.2025