Vinoth Singh v. The State Rep By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.08.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Vinoth Singh ... Petitioner Vs State rep. by The Inspector of Police, Karimangalam Police Station, Dharumapuri District.

Crime No.309 of 2023 ... Respondent PRAYER: Criminal Revision Case is filed under Section 438 r/w 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to set aside the order passed in Crl.M.P.No.153 of 2025 dated 06.06.2025 on the file of the learned District Munsif Cum Judicial Magistrate, Karimangalam and to direct the Court below to Return the property in Crime No.309 of 2023. For Petitioner : Mr.M.P.Saravanan 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 06.06.2025 passed in Crl.M.P.No.153 of 2025 on the file of the District Munsif Cum Judicial Magistrate, Karimangalam, thereby dismissing the petition filed for return of vehicle viz., Hyundai Creta 14 CRDI BS IV car bearing reg.No. TN 13 D7063.

2. The petitioner is the owner of the Hyundai Creta 14 CRDI BS IV car bearing reg.No. TN 13 D 7063, which was allegedly involved in the transportation of banned tobacco products, without any valid license.

3. Based on the complaint, an FIR was registered in Crime No.309 of 2023 for the offences punishable under Sections 328 of IPC read with Section 7 of COTPA Act. Pursuant to the registration of the FIR, the said vehicle was seized and the same was produced before the District Munsif Cum Judicial Magistrate, Karimangalam.

4.

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

5. It is seen from the records that the petitioner is arrayed an accused in Crime No.309 of 2023. The petitioner filed a petition seeking return of the seized vehicle, which was dismissed by the Trial Court. Admittedly, the petitioner had transported banned tobacco products. However, without considering the same, the Trial Court dismissed the petition for return of the vehicle.

6.

In view of the above discussions, this Court is inclined to return the vehicle to the petitioner and accordingly, the order dated 06.06.2025 passed in Crl.M.P.No.153 of 2025 on the file of the District Munsif Cum Judicial Magistrate, Karimangalam, is hereby set aside. The learned District Munsif Cum Judicial Magistrate, Karimangalam, is directed to return the vehicle viz., Hyundai Creta 14 CRDI BS IV car bearing reg.No. TN 13 D 7063 to the petitioner, forthwith on the following conditions:- (i) the petitioner shall make a Non-Refundable Deposit Rs.1,00,000/- (Rupees One lakh only) to the credit of Adyar Cancer Institute (WIA), East Canal Bank Road, Adyar, Chennai by way of Demand Draft.

(ii) the petitioner shall deposit the original registration

certificate of the vehicle with the concerned Magistrate. (iii) the seized item should be photographed at the cost of the petitioner herein and a list is to be prepared and the same is to be signed by the petitioner.

(iv) the petitioner shall not alienate and shall not make any alteration in the vehicle.

(v) the petitioner shall produce the vehicle before the Court and before the respondent police as and when required; (vi) If any of the conditions are violated, this order automatically stands cancelled.

7. Accordingly, the Criminal Revision Case stands allowed. 29.08.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Sma To

1. The District Munsif Cum Judicial Magistrate, Karimangalam 2.The Inspector of Police, Karimangalam Police Station, Dharumapuri District.

3. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

Sma 29.08.2025