Vijaypal v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-11-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. Vijaypal S/o. Ganesh Ram, No.113, Subh Complex NR St Depo, Artuvedic, Tran Rastaajwa Road, Vadodara, Gujarat, now residing at Godaro Bhimaji, Renkoowala, Bhimji Village, Barmer, Rajasthan.

Petitioner(s) Vs

1. The State rep by The Inspector of Police SIPCOT Police Station, Hosur, Krishnagiri District. Crime No.121 of 2025.

Respondent(s) PRAYER Criminal Revision case filed under Section 438 r/w 442 BNSS Act, prays to set aside order dated 14.08.2025 made in Crl.M.P.No.1038 of 2025 in C.P.No.225 of 2025 on the file of the Judicial Magistrate No.II, Court Hosur, in crime No.121 of 2025 on the file of the respondent police to the petitioner. For Petitioner(s):

Mr.P.M.Jayachandran For Respondent(s):

Dr.C.E.Pratap Government Advocate (Crl.side)

ORDER

This Criminal Revision has been filed challenging the order passed in Crl.M.P.No.1038 of 2025 in C.P.No.225 of 2025, dated 14.08.2025, on the file of the Judicial Magistrate No.II, Hosur, arising out of Crime No.121 of 2025 on the file of the respondent police.

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

3. The petitioner used his Fortuner car bearing Registration No.GJ-27BL-8080 for transporting tobacco products. Pursuant to the registration of the FIR in Crime No.121 of 2025 on the file of the respondent police, for offences under Sections 123, 7, 20(1), 4(1)(c) was filed under Section 497 of the BNSS Act praying to grant interim custody of the four wheeler. The said vehicle was produced before the learned Judicial Magistrate No.II, Hosur. However, the said application was dismissed by the learned Judicial Magistrate No.II, FAC, Hosur, on 14.08.2025, against which the present revision has been filed seeking return of the vehicle.

4. The learned Government Advocate (Crl. Side) raised objections to the return of the vehicle on the ground that the investigation has not yet been completed.

5. Considering the facts and circumstances of the case, the submissions made by both learned counsels, and the gravity of the offence alleged to have been committed by the petitioner using the vehicle, this Court is not inclined to grant interim custody of the vehicle. Accordingly, the findings of the trial Court are confirmed.

6. Accordingly, this Criminal Revision Case is dismissed. 13-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rri

To 1.The State rep by The Inspector of Police SIPCOT Police Station, Hosur, Krishnagiri District.

Crime No.121 of 2025.

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

T.V.THAMILSELVI J.

rri CRL RC No. 2370 of 13-11-2025