Johan Tharthiyus v. State Rep By The Sub Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.07.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Johan Tharthiyus .....
Petitioner Vs The State Represented by Sub Inspector of Police, Pe-Wing Police Station, Villupuram District.
Crime No.126 of 2025 .....
Respondent PRAYER: Criminal Revision Case is filed under Sections 438 & 442 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to set aside the order passed in Crl.M.P.No.1478 of 2025 on the file of the Judicial Magistrate No.I, Villupuram, dated 02.07.2025.
For Petitioner : Mr.B.Gopalakrishnan For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)
O R D E R
This Criminal Revision Case has been filed challenging the order dated 02.07.2025 passed in Crl.M.P.No.1478 of 2025 by the Judicial Magistrate No.I, Villupuram, thereby dismissing the petition
filed by the petitioner seeking return of the property, Viz., Mahendra Goods Carrier bearing Registration No.TN-75-BA-5280.
2. Heard the learned counsel appearing on either side and perused the materials available on record.
3. The petitioner owned a Mahendra Goods Carrier bearing Registration No.TN-75-BA-5280. It is alleged that the said vehicle was used for the illegal transportation of liquor from Puducherry without any valid licence. Consequently, the respondent police registered an FIR in Crime No. 126 of 2025 for the offences under Sections 4(1)(a), 4(1)(C), 4(1)(h), 4(1)(A) & 14A of Tamil Nadu Prohibition (Amendment) Act, 2022. Pursuant to the registration of the FIR, the respondent Police seized the liquor along with the vehicle and produced the same before the Trial Court.
4. It is seen from the records that though the petitioner is not an accused in the case, the vehicle owned by the petitioner was used for illegal transportation of liquor bottles without any valid permission. Therefore, the Trial Court has rightly dismissed the petition seeking
return of the vehicle. That apart, the confiscation proceedings have now been initiated as against the vehicle.
5. In view of the above, this Court finds no infirmity or illegality in the order dated 02.07.2025 passed in Crl.M.P.No.1478 of 2025 by the Judicial Magistrate No.I, Villupuram. Accordingly, this Criminal Revision Case stands dismissed.
23.07.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To
1. The Judicial Magistrate No.I, Villupuram.
2. The Sub Inspector of Police, Pe-Wing Police Station, Villupuram District.
3. The Public Prosecutor, High Court, Madras.
G.K.ILANTHIRAIYAN, J.
Lpp 23.07.2025