Muthuraj v. State By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.02.2025 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Muthuraj ... Petitioner Vs.

State by The Inspector of Police CSCID Police Station Thiruvallur Thiruvallur District (Crime No.56 of 2024) ... Respondent Prayer: Criminal Revision Case filed under under Section 438 read with Section 442 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to set aside the order dated 02.12.2024 made in Crl.M.P.No.13548 f 2024 on the file of the Judicial Magistrate No.1, Thiruvallur and consequently, return the vehicle of Ashok Leyland (Goods Carrier) bearing Regn.No.TN-18-CZ-0749 to the petitioner.

For Petitioner : Mr.R.Sasikumar For Respondent : Mr.S.Sugendran Additional Public Prosecutor 1/6

ORDER

This Criminal Revision Case has been filed by the petitioner to set aside the order dated 02.12.2024 made in Crl.M.P.No.13548 of 2024 on the file of the Judicial Magistrate No.1, Thiruvallur and consequently, return the vehicle of Ashok Leyland (Goods Carrier) bearing Regn.No.TN-18-CZ-0749 to the petitioner.

2. The case of the petitioner is that the petitioner's vehicle namely Ashok Leyland (Goods Carrier) bearing Regn.No.TN-18-CZ-0749 was seized by the respondent police in connection with Crime No.56 of 2024 for the offence under Section 6(4) of TNSC (RDCS) order 1982 read with Section 7(1)(a)(ii) of EC Act, 1955. Hence, the petitioner filed a petition in Crl.M.P.No.13548 of 2024 before the Judicial Magistrate No.1, Thiruvallur, for interim custody of the vehicle, but the same was dismissed by order dated 02.12.2024. Hence, the present revision is filed.

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3. The contention of the petitioner is that the petitioner is the owner of the property and he has not involved in the alleged crime.

4. The learned Additional Public Prosecutor appearing for the respondent police submitted that the vehicle is not in the custody of the respondent police and it has already been handed over to the District Collector, Thiruvallur.

5. A reading of the impugned order shows that the property is not with the custody of the respondent police. Since the offence involved in this case is Essential Commodities Act, the seized vehicle has been handed over to the District Collector, Thiruvallur for confiscation and the District Collector has also initiated confiscation proceedings and the same is pending.

6. Under these circumstances, this Court is not inclined to set aside the order passed by the Magistrate.

7. Accordingly, this Criminal Revision Case is dismissed. 3/6

8. However, the petitioner is at liberty to work out his remedy before the District Collector, Thiruvallur, by participating the in the confiscation proceedings.

07.02.2025 Index : Yes / No Speaking Order : Yes / No ksa-2 4/6

To

1. The Judicial Magistrate No.1, Thiruvallur

2. The Inspector of Police CSCID Police Station Thiruvallur, Thiruvallur District

3. The Public Prosecutor High Court of Madras 5/6

P.VELMURUGAN. J.

Ksa-2 07.02.2025 6/6