Pandiyan v. State Rep By The Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.07.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Pandiyan .....

Petitioner Vs State Represented by Sub Inspector of Police, PEW-Chengam, Tiruvannamalai District, Crime No.30 of 2025 .....

Respondent Prayer: Criminal Revision is filed under Section 438 r/w 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying to call for the records and set aside the order dated 17.06.2025 passed in Crl.M.P.No,1157 of 2025 on the file of the learned Judicial Magistrate, Chengam, Tiruvannamalai District in Crime No.30 of 2025 on the file of the respondent, dated 10.04.2025 and direct the respondent to release the Honda Activa Scooter bearing registration No.TN-25-CH-7927 by allowing this Criminal Revision Petition. For Petitioner : Mr.S.Karthikeyan For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)

ORDER

This Criminal Revision Case has been filed challenging the order dated 17.06.2025 passed in Crl.M.P.No.1157 of 2025 by the learned Judicial Magistrate, Chengam, Tiruvannamalai District, thereby dismissing the petition filed by the petitioner seeking return of his vehicle, viz., Honda Activa Scooter bearing registration No.TN-25-CH-7927.

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

3. On a perusal of the records, it is seen that the petitioner owned a Honda Activa Scooter bearing registration No.TN-25-CH-7927. The said vehicle was used by his son for the illegal transportation of 51 bottles of liquor, each containing 180 ml. Pursuant to the complaint, a case has been registered as against the petitioner's son in Crime No.30 of 2025 for the offence punishable under Sections 4(1)(i) r/w 4(1)(A) of Tamil Nadu Prohibition Amendment Act. Consequent to the registration of the FIR, the vehicle along with the liquor was seized by the respondent and produced before the Trial Court. It is also seen that the confiscation proceedings have also been initiated

to confiscate the two-wheeler which was involved in the offence. Hence, the Trial Court rightly dismissed the petition filed by the petitioner seeking return of the vehicle.

4.

In view of the above discussions, this Court finds no infirmity or illegality in the dated 17.06.2025 passed in Crl.M.P.No.1157 of 2025 by the learned Judicial Magistrate, Chengam, Tiruvannamalai District. Accordingly, the Criminal Revision Case stands dismissed. 09.07.2025 Index : Yes/No Internet : Yes/No Speaking/Non Speaking order Lpp To 1.The Judicial Magistrate, Chengam, Tiruvannamalai District.

2.The Sub Inspector of Police, PEW-Chengam, Tiruvannamalai District.

3.The Public Prosecutor, High Court of Madras, Chennai.

G.K.ILANTHIRAIYAN. J, Lpp 09.07.2025