Madras High CourtCRL RC/1351/2024dismissed

Sivakumar v. The Inspector Of Police

2025-08-05Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.08.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Sivakumar ... Petitioner Vs The Inspector of Police, Manalmedu Police Station, Mayiladuthurai District.

Cr.No.136 of 2024 ... Respondent PRAYER: Criminal Revision Case is filed under Section 397 read with 401 of Code of Criminal Procedure, to call for the records and set aside the order passed in C.M.P.No.1366 of 2024 on the file of the District and Sessions Judge, Mayiladuthurai District, dated 11.06.2024 and to return the Ashok Leyland Tipper Lorry bearing Registration No.TN 38 AK 3880. For Petitioner : Mr.R.Shivakumar for M/s K.M.Vijayan Associates For Respondent : Mr.A.Gopinath Government Advocate (Crl.side)

ORDER

This Criminal Revision has been filed challenging the order dated 11.06.2024 made in Crl.M.P.No.1366 of 2024 passed by the District and Sessions Judge at Mayiladuthurai, thereby dismissing the petition filed for return of property.

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

3. The petitioner owned a Ashok Leyland Tipper Lorry bearing Registration No.TN 38 AK 3880. It was hired by the accused to transport river sand weighing three units. The accused illegally transported the same without any valid permit and as such, the respondent registered FIR in Crime No.136 of 2024 for the offences punishable under Section 379 of IPC and Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957.

4. Pursuant to the registration of FIR, the vehicle has been seized and produced before the Court. The petitioner filed a petition for return of property and the same was dismissed.

5. Considering the facts and circumstances of the case and also quantum of sand involved, this Court is not inclined to return the vehicle Ashok Leyland Tipper Lorry bearing Registration No.TN 38 AK 3880.

6. Accordingly, the Criminal Revision Case stands dismissed. 05.08.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn

G.K.ILANTHIRAIYAN. J, mn To

1. The District and Sessions Judge, Mayiladuthurai District.

2. The Inspector of Police, Manalmedu Police Station, Mayiladuthurai District.

3. The Public Prosecutor, High Court, Madras.

05.08.2025