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Madras High CourtCRL RC/1333/2019ordered

Balaji v. State Rep. By

2019-12-18Honourable Mr Justice R. Mahadevan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 18.12.2019

CORAM

THE HON'BLE Mr. JUSTICE R. MAHADEVAN Crl.R.C.No.1333 of 2019 Balaji ... Petitioner Vs.

State by its Inspector of Police, Keelaiyur Police Station, Nagapattinam District.

Crime No.185/2019 ... Respondent Criminal Revision filed under Section 397 read with Section 401 Cr.P.C. seeking to set aside the common order dated 11.11.2019 passed by the District and Sessions Judge, Nagapattinam in Crl.M.P.No.3251 of 2019 in Crime No.185 of 2019 and to return the Tipper Lorry bearing Reg.No.TN 45 BQ 4721 to the custody of the petitioner.

For Petitioner : Mr.J. Jawahar For Respondent : Mr.K. Prabakar, Addl. Public Prosecutor.

O R D E R

This criminal revision has been filed seeking to set aside the order dated 11.11.2019 passed by the District and Sessions Judge, Nagapattinam in Crl.M.P.No.3251 of 2019. 2.During regular rounds, the respondent police intercepted a Taurus Lorry bearing registration No.TN-45 BQ 4721 (belonging to the petitioner) containing sand illegally taken from the Vellai River, arrested the driver, seized the vehicle and registered a case in Crime No.185 of 2019 on 19.09.2019 under Section 379 IPC read with Section 21(1) of the Mines and Minerals (Development & Regulation) Act, 1957. Seeking return of the vehicle, the petitioner, being the owner filed Crl.M.P.No.3251 of 2019 under Section 451 Cr.P.C. before the Sessions Judge, Nagapattinam and the said petition was dismissed 1/4

by order dated 11.11.2019, challenging which, the present petition has been filed.

3.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent State.

4.Learned Additional Public Prosecutor submitted that there is no previous case against the petitioner nor this vehicle involved in any other case earlier. Though the reasons given by the trial Court in dismissing the petition cannot be faulted, yet, this Court is of the view that if the vehicle remains in the custody of the police indefinitely, it will get deteriorated.

5. In view of the guidelines given by the Supreme Court in Sunderbhai Ambalal Desai Vs. State of Gujarat [(2002) 10 SCC 290], this Court is of the view that interests of justice will be served, if the vehicle is ordered to be released to the petitioner on certain stringent conditions. The respondent police is directed to grant interim custody of the said vehicle bearing registration No.TN-45-BQ-4721 to the petitioner within a period of 7 days from the date of compliance of the below mentioned conditions.

i. the petitioner shall deposit a sum of Rs.1,00,000/- (Rupees one lakh only) before the jurisdictional Tahsildar as non-refundable deposit. After receipt of the above said amount,the same will have to be deposited by the Tahsildar, to the credit of the District Mines and Minerals Foundation trust as nonrefundable deposit; ii.the petitioner shall execute a personal bond for a sum of Rs.10,000/- with two sureties each for a like sum to the satisfaction of the District and Sessions Judge, Nagapattinam.

The petitioner and the sureties shall affix their photographs and give the copies of their Aadhaar Card;

iii.the petitioner shall give an undertaking before the respondent/ authority concerned stating that he will not use the vehicle in question for any illegal activities in future and shall produce the same as and when required by the respondent and also the trial Court, failing which the respondent/trial Court is at liberty to confiscate the vehicle; 2/4

iv.the petitioner shall not alienate the vehicle in question till the disposal of the proceedings before the authority concerned;

v. the petitioner shall take photograph of the vehicle and submit the same along with Compact Disc duly certified under Section 65-B of the Indian Evidence Act, 1872;

vi.the petitioner shall surrender the original R.C. book before the District and Sessions Judge, Nagapattinam. ; and vii.the petitioner is also directed to participate in the enquiry to be conducted by the respondent. viii. It is also made clear that after release of the vehicle on complying with the conditions imposed by this court, if the said vehicle is found to be involved in any of the offence, it is always open to the respondent to proceed further for confiscation.

ix.Petition relating to return of R.C. Book for any purpose in the future, may be filed before the District and Sessions Judge, Nagapattinam, who may consider the same on merits.

x. It is seen that in the FIR, the registration number of vehicle is mentioned as TN 45 TQ 4721, but in the petition, it has been mentioned as TN 45 BQ 4721. Therefore, the petitioner shall submit relevant authenticated documents to establish the registration of the seized vehicle and the authorities, upon being satisfied with the correct number of the seized vehicle, shall release the same.

3/4

6. This petition is allowed in the above terms. -Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar msr To

1. The District and Sessions Judge, Nagapattinam 2.The Inspector of Police, Keelaiyur Police Station, Nagapattinam District, 3.The Public Prosecutor,High Court, Madras.

+1 cc to Mr.J.Jawahar Advocate sr 105381 Crl.R.C.No.1333 of 2019 aa27/12/2019 4/4