Arumugam v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :01.10.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.OP.No.24171 of 2024 Arumugam .. Petitioner Vs.

The State rep by The Station House Officer, Tindivanam Police Station, Tindivanam, Villupuram District.

.. Respondent Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C to allow the above criminal original petition and thereby set aside the order passed in Crl.MP.No.164 of 2024 by the Judicial Magistrate Court-I, Tindivanam in Crl.R.P.No.20 of 2024 by the Principal Sessions Judge,Villupuram dated 05.09.2024 thereby directing the respondent police to release TATA ACE bearing Regn.No.TN-01-BM-5776. For Petitioner : Mr.D.Arun For Respondents : Mr.K.M.D.Muhilan Government Advocate (Crl.Side)

O R D E R

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The petitioner herein claiming to be the owner of vehicle viz., TATA ACE bearing Regn.No.TN-01-BM-5776 sought for return of vehicle pending investigation in Cr.No.582 of 2023 on the file of respondent police.

2. The application been dismissed the learned Judicial Magistrate- I, Tindivanam on the ground that the respondent police has initiated confiscation proceedings under Section 14 of Prohibition Act. Being aggrieved, the petitioner has preferred the Revision Petition before the Sessions Court. However, the said Revision Petition also dismissed on the ground that the confiscation proceedings already been initiated.

3. The learned counsel appearing for the petitioner submits that so far he has not received any notice from the Department regarding confiscation proceedings.

4. However, the learned Government Advocate (Crl.Side) appearing for the respondent police on verifying the records submits that notice dated 10.05.2024 been sent to the petitioner herein for 2/4

participating in the confiscation proceedings.

5. Taking note of the fact that the police has already initiated proceedings under Section 14A of TN P Act and notice has been sent to the owner of the vehicle, it is appropriate to direct the petitioner herein to participate in the proceedings and put forth his case. Based on his representation, the concerned authorities shall pass appropriate order in accordance with law.

6. With the above direction, this Criminal Original Petition is disposed of.

01.10.2024 Vv To

1. The Principal Sessions Judge,Villupuram.

2. The Judicial Magistrate Court-I, Tindivanam

3. The Station House Officer, Tindivanam Police Station, Tindivanam, Villupuram District.

4. The Public Prosecutor, High Court of Madras.

Dr.G.JAYACHANDRAN,J.

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