Suresh v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.11.2021

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.R.C.No.829 of 2021 Suresh ... Petitioner Vs.

State Rep. by The Inspector of Police, Attur Rural Police Station, Salem District.

(Crime No.238 of 2021) ... Respondent PRAYER: The Criminal Revision Petition is filed under Section 397 & 401 of the Code of Criminal Procedure, to set aside the order passed in Crl.M.P. No.1414 of 2021 dated 06.09.2021 on the file of Judicial Magistrate-I, Attur and to allow this revision.

For Petitioner : Mr.J.Jayan For Respondent : Mr. S.Sugendran, Government Advocate(Crl.Side) * * * * *

O R D E R

This Criminal Revision Petition has been filed against the dismissal of the petition in Crl.M.P. No.1414 of 2021 dated 06.09.2021 on the file of Judicial Magistrate-I, Attur, filed for return of property.

2. Learned counsel for the petitioner would submit that the petitioner is the owner of the Two wheeler Maruthi Vitara Brezza ZDIP BSIV Motorcycle bearing Registration No.TN-29-BD4114 and that a case in Crime No.238 of 2021 was registered by the respondent for the offences punishable under Sections 4 (1)(aaa) of TNP Act and the vehicle was seized by the respondent.

3. Learned counsel for the petitioner would further submit that the vehicle, which has been seized by the respondent in this case, has been parked in the open exposed to vagaries of weather and thereby the value of the vehicle is deteriorating day by day. He would submit that the petitioner https://hcservices.ecourts.gov.in/hcservices/

had filed a petition seeking for return of property in Crl.M.P. No.1414 of 2021 on the file of the Judicial Magistrate-I, Attur, seeking for return of property. The Learned Judge stating that the confiscation proceedings has been initiated, had dismissed the petition. Against which, this revision has been filed.

4. Mr.S.Sugendran, Learned Government Advocate(Crl.Side) appearing for the respondent would submit that the vehicle of the petitioner has been seized in connection with Crime No.238 of 2021 for transport of Indian Made Foreign Liquor. He would further submit that the petitioner has been issued with show cause notice dated 24.08.2021, directing him to give a reply within 15 days. He would further submit that steps would be taken to proceed with the confiscation proceedings. 5.In view of the above, the Criminal Revision petition is dismissed. The petitioner is at liberty to approach the concerned Authority and appear for the confiscation proceedings.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar vri/gba To

1. The Judicial Magistrate-I, Attur 2.The Inspector of Police, Attur Rural Police Station, Salem District.

(Crime No.238 of 2021)

3. The Public Prosecutor, High Court, Madras.

+1 cc to Mr.Camleys Gandhi, Advocate Sr.NO. 61627 Crl.R.C.No.829 of 2021 ksm(CO) A.SK(07.12.2021) https://hcservices.ecourts.gov.in/hcservices/