Madras High CourtCRL RC/994/2025dismissed

S.Dhasaradan v. The State Rep. By The Forest Range Officer,

2025-07-07Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: .07.07.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN S.Dhasaradan .....

Petitioner Vs State Rep by The Forest Range Officer, Tambaram (Crime No.W.L.O.R.No.3/2024) .....

Respondent PRAYER: Criminal Revision Case is filed under Sections 438 r/w 442 of the BNSS, 2023 to set aside the order dated 02.04.2025, passed by the Learned Judicial Magistrate Court No.II, Tambaram in Crl.M.P.No.2363 of 2024 and to return the KIA Model No.Sonet SMT HTK Plus (Intense Red Colour) car bearing registration No.PY 01 DB 2224. For Petitioner : Mr.P.K.Ganesh For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)

O R D E R

This Criminal Revision has been preferred as against the order dated 02.04.2025 passed by the Judicial Magistrate Court No.II, Tambaram in Cr.M.P.No.2363 of 2024 thereby dismissing the petition filed for return of vehicle.

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

3. The Petitioner owned a car bearing registration No.PY 01 DB 2224. The vehicle owned by the petitioner was given to the accused for illegal transportation of elephant tusk. On the information, the car was intercepted and found that the accused have transported elephant tusk in the car owned by the petitioner. Therefore, the respondent registered the case in WLOR.No.03/2024 and seized the car for the offences u/s 2(2), 39, 44, 49(A-C), 50, 51(1 A),52, 55, 56, 57, 58(A to Y) Wildlife (Protection) Act 1972. Thereafter, the car was produced before the trial court and the confiscation proceedings were also initiated against the car. Though the petitioner is the accused, the car owned by the petitioner was involved in WLOR.No.3 of 2024 on the file of the Wild Life (Protection)

Act 1972.

4. In view of the above, the trial court had rightly dismissed the petition seeking return of vehicle. Hence, this Court finds no infirmity or illegality in the order dated 02.04.2025 passed by the Judicial Magistrate No.II, Tambaram in Crl.M.P.No.2363 of 2024.

5. Accordingly, this Criminal Revision case stands dismissed. 07.07.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Nhs To 1.The Judicial Magistrate Court No.II, Tambaram.

2.The Public Prosecutor, Madras High Court, Chennai-600 104.

G.K.ILANTHIRAIYAN, J.

Nhs 07.07.2025