Kaleeswari v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.07.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.R.C.No.997 of 2024 Kaleeswari .....
Petitioner Vs The State by Inspector of Police Udumalpet Police Station, Tiruppur District.
Crime No.318 of 2025 .....
Respondent PRAYER: Criminal Revision Case is filed under Sections 438 r/w 442 of the BNSS, 2023 to call for the records relating to the order dated 18.06.2025 made in Crl.M.P.No.417 of 2025 passed by the Ld.Judicial Magistrate-I, Udumalpet and set aside the same by allowing this Criminal Revision Petition.
For Petitioner : Mr.N.Ponraj For Respondent : Mr.A.Gopinath, Government Advocate (Crl.side)
O R D E R
This Criminal Revision Case has been preferred as against the order passed in Crl.M.P.No.417 of 2025 dated 18.06.2025 on the file of the Judicial Magistrate-I, Udumalpet thereby dismissing the petition seeking return of vehicle viz., Tipper Lorry bearing registration number TN 37 BP 7156.
2. The petitioner/Accused is the owner of the Tipper Lorry bearing registration number TN 37 BP 7156. The said vehicle was involved in illegal transportation of three units of gravel sand from the private land.
3. Based on the complaint, a FIR was registered in Crime No.25 of 2025 for the offences punishable under Section 21(1) of Mines and Minerals (Development & Regulation) Act, 1957 and Section 305(e) of the Bharatiya Nyaya Sanhita, 2023. Pursuant to the registration of the FIR, the said vehicle was seized and the same was produced before the learned Judicial Magistrate-I, Udumalpet.
4. Heard the learned counsel appearing on either side and perused the materials available on record.
5. It is seen from the records that the petitioner is the accused in Crime No.318 of 2025. The petitioner filed a petition seeking return of the seized vehicle, which was dismissed by the Trial Court. Admittedly, the petitioner transported three units of gravel sand from the patta land. However, without considering the same, the Trial Court dismissed the petition for return of the vehicle.
6. In view of the above discussions, this Court is inclined to return the vehicle to the petitioner and accordingly, the order dated 26.06.2025 passed in C.M.P.No.217 of 2025 on the file of the District Munsif-cum-Judicial Magistrate, Edappadi, is hereby set aside. The learned Judicial Magistrate-I, Udumalpet is directed to return the Ashok Leyland Tipper bearing Registration No. TN 37 BP 7156 to the petitioner, forthwith on the following conditions:-
(i) the petitioner is directed to execute an own bond for a sum of Rs.1,00,000/- (Rupees One lakh only) to the satisfaction of the concerned Magistrate to the credit of Crime No.318 of 2025 pending on the file of the respondent police.
(ii) the petitioner shall deposit the original registration certificate of the vehicle with the concerned Magistrate.
(iii) the seized item should be photographed at the cost of the petitioner herein and a list is to be prepared and the same is to be signed by the petitioner. (iv) the petitioner shall not alienate and shall not make any alteration in the vehicle.
(v) the petitioner shall produce the vehicle before the Court and before the respondent police as and when required;
(vi) If any of the conditions are violated, this order automatically stands cancelled.
7. Accordingly, the Criminal Revision Case stands allowed. 07.07.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Nhs To
1. The Judicial Magistrate-I, Udumalpet.
2.The Inspector of Police Poolampatti Police Station, Salem District.
3.The Public Prosecutor, Madras High Court.
G.K.ILANTHIRAIYAN, J.
Nhs 07.07.2025