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Madras High CourtCRL RC/2295/2024allowed

Malarvizhi v. The State Rep By Its

2024-12-13Honourable Mr Justice Sunder Mohan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.12.2024

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Malarvizhi ... Petitioner Vs.

The State Rep by its The Sub Inspector of Police, Valavanur Police Station, Villupuram District.

In Cr.No.633/2024.

... Respondent PRAYER: Criminal Revision Petition filed under Sections 397 r/w 401 of Code of Criminal Procedure, to set aside the order passed by the learned Judicial Magistrate No.II, Villupuram in C.M.P.No.8092 of 2024 dated 17.10.2024 and subsequently grant interim custody of TATA Vista four wheeler vehicle bearing registration No.TN-61-A-2413 to the petitioner. For Petitioner :

Mr.S.Saravana Kumar For Respondent :

Mr.S.Udaya Kumar, Government Advocate (Crl. Side) Page No.1 of 6

ORDER

This Criminal Revision Case has been filed challenging the impugned order, dated 17.10.2024 in C.M.P.No.8092 of 2024 passed by the learned Judicial Magistrate No.II, Villupuram dismissing the petitioner's petition filed under Section 503 of BNSS for return of vehicle viz., TATA Vista four wheeler bearing Reg.No.TN-61-A-2413.

2.The petitioner is the owner of the vehicle which is said to have been used by the accused for commission of offence under Sections 4(1)(a) and 4(1)(C) of Tamil Nadu Prohibition (Amendment) Act, 2024 in Crime No.633 of 2024. It is alleged that the accused was in possession of 48 bottles of liquor (180 ml each) and intended to sell the same in the open market illegally. The petitioner had sought for return of the vehicle stating that ever since the date of seizure i.e., on 01.10.2024, the vehicle is kept idle in an open place and exposed to sun and rain. The learned Magistrate dismissed the said petition on the ground that the vehicle is liable for confiscation.

3.The learned counsel for the petitioner would submit that though the Page No.2 of 6

seizure was made on 01.10.2024, the confiscation proceedings is yet to be initiated; that the petitioner is admittedly not an accused in this case; that the interim custody of the vehicle may be handed over to the petitioner since from the date of seizure, the vehicle is kept in open space exposed to the vagaries of weather, that further retention of vehicles at the Police Station would make the vehicle unusable, and it would become a scrap; and that the petitioner is ready to comply with any condition that this Court may impose while granting return of vehicle.

4.The learned Government Advocate (Crl. Side) on instructions would submit that the petitioner is not an accused; that no confiscation proceedings have been initiated so far; and that there is no previous case against the petitioner.

5.In the light of the above submissions, this Court is of the view that the vehicle cannot be allowed to be kept idle in the Police Station subject to the vagaries of weather as held by the Hon'ble Supreme Court. Since the petitioner is admittedly an owner of the vehicle, not an accused, the interim Page No.3 of 6

custody of the vehicle can be handed over to the petitioner subject to the stringent conditions.

6.Accordingly, the impugned order, dated 17.10.2024 in C.M.P.No.8092 of 2024 passed by the learned Judicial Magistrate No.II, Villupuram is set aside. The learned Judicial Magistrate No.II, Villupuram is directed to return the vehicle viz., TATA Vista four wheeler bearing Reg.No.TN-61-A-2413 to the petitioner on the following conditions: (i)The petitioner shall execute a bond for sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Villupuram; (ii)The petitioner shall produce the original RC Book along with self attested photostat copy of RC Book of the vehicle and other relevant records to prove her ownership. The learned Magistrate shall peruse the RC book and other records, retain xerox copy of the same and return the original RC book to the petitioner;

(iii)The petitioner shall not alter or alienate the vehicle in any manner; Page No.4 of 6

(iv)The petitioner shall also give an undertaking that he will produce the vehicle as and when required by the respondent Police and by the Court below.

7.In the result, this criminal revision case stands allowed. It is made clear that the above return of vehicle is subject to the outcome of the confiscation proceedings if any initiated.

13.12.2024 Index:Yes/No Speaking Order/Non-Speaking Order vv2 To 1.The Judicial Magistrate No.II, Villupuram.

2.The Sub Inspector of Police, Valavanur Police Station, Villupuram District.

3.The Public Prosecutor, Madras High Court.

SUNDER MOHAN, J.

Page No.5 of 6

vv2 13.12.2024 Page No.6 of 6