K.Chandrasekar v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.12.2019

CORAM

THE HON'BLE Mr. JUSTICE R. MAHADEVAN Crl.R.C.No.1469 of 2019 K.Chandrasekar .. Petitioner Vs.

State rep. by its Inspector of Police, Anaikarachathiram Police Station, Nagapatinam District.

Crime No.163/2019 .. Respondent / Complainant Prayer : Criminal Revision filed under Section 397 read with Section 401 Cr.P.C. seeking to call for the records and set aside the order passed in Crl.M.P.No.3543/2019 on the file of the District and Sessions Judge, Nagapattinam dated 26.11.2019.

For Petitioner :

Mr.M.Vijayaragavan 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 26.11.2019 passed by the learned District and Sessions Judge, Nagapattinam in Crl.M.P.No.3543 of 2019.

2. During regular rounds, the respondent police intercepted a Bullock Cart belonging to the petitioner illegally involved in sand theft, seized the same and registered a case in Crime No.163 of 2019 on 03.07.2019 under Sections 379 and 430 IPC read with Section 21(1) of the Mines and Minerals (Development & Regulation) Act, 1957. Seeking return of the same, the petitioner, being the owner filed Crl.M.P.No.3543 of 2019 under Section 451 read with 457 Cr.P.C. before the learned District and Sessions Judge, Nagapattinam and the said petition was dismissed by order dated 26.11.2019, 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 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 bullock cart 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 interest of justice will be served, if the bullock cart is ordered to be released to the petitioner on certain stringent conditions. The respondent police is directed to grant interim custody of the said bullock cart 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.15,000/- (Rupees Fifteen Thousand 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 non-refundable deposit;

ii.the petitioner shall execute a personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the learned 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 bullock cart 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 same;

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

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

vi.the petitioner is also directed to participate in the enquiry to be conducted by the respondent.

vii. It is also made clear that after release of the bullock cart on complying with the conditions imposed by this court, if the same is found to be involved in any of the offence, it is always open to the respondent to proceed further for confiscation.

6. This petition is allowed in the above terms. Sd/- Assistant Registrar (CCC) //True Copy// Sub Assistant Registrar Gg To

1. The District and Sessions Judge, Nagapattinam.

2. The Inspector of Police, Anaikarachathiram Police Station, Nagapatinam District.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.M.Vijayaraghavan, Advocate, S.R.No.106126 Crl.R.C.No.1469 of 2019 SSD(CO) GN(27/12/2019)