T.Lakshmi v. The State Rep By Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18-11-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
1. T.Lakshmi W/o.Thanjan No.151-A, Irular Colony , Govindareddy Palayam, Anaicut Taluk, Vellore District Petitioner(s) Vs
1. The State Rep By Inspector Of Police Ariyoor Police Station, Vellore District Cr.No.21/2025 Respondent(s) PRAYER To setaside the order dated 14.10.2025 made in Crl.M.P.No.11781 of 2025 on the file of the Judicial Magistrate No.1, Vellore district and allow the above Criminal Revision For Petitioner(s):
S.Kasirajan P.Anand Kumar C.Mahesh Kumar S.Ramesh M.Manoharan For Respondent(s): Dr.C.E. Pratap, Government Advocate (Crl.
Side)
ORDER
This Criminal Revision Case has been filed to setaside the order dated 14.10.2025 made in Crl.M.P.No.11781 of 2025 on the file of the Judicial Magistrate No.1, Vellore district and allow the above Criminal Revision. 2.
Heard the learned counsel appearing on either side and perused the materials available on record.
3.
The petitioner owned a Ashok Leyland Tipper Lorry bearing Registration No. TN 55 H 8160. Pursuant to the registration of FIR in Crime No.21 of 2025, on the file of the respondent Police, the said Tipper Lorry owned by the petitioner was seized by the respondent alleging that the Driver of the Tipper Lorry was illegally transporting river sand without any permission or license. The case has been registered for the offence punishable under Sections 303(2) 326(a ) of B.N.S Act 2023 r/w 21(1), 24(4) of Mines and Minerals (Development of Regulation) Act 1957, as against the Driver of the said Tipper Lorry and others. The said vehicle was produced before the Judicial Magistrate No.1, Vellore District.
4. The learned Government Advocate (Crl. side) would submit that the petitioner has not involved in this case. 5.
Even according to the case of the prosecution, the petitioner had transported river sand from the river. Further the provision under Section 451 of Cr.P.C.,/497(1) of BNSS provides for protection of the property from
degradation due to non maintenance in the custody of the police as it takes long time for conclusion of criminal proceedings. The vehicle is in broad day light from the date of seizure and the trial has also been commenced and hence no useful purpose will be served in keeping the vehicles parked in the sunlight and rain.
6.
In view of the above discussions, this Court is inclined to return the vehicle to the petitioner and accordingly, the order passed in Crl.M.P.No. 11781 of 2025 dated 14.10.2025 by the Judicial Magistrate No.1, Vellore District., is hereby set aside. The learned Judicial Magistrate No.1, Vellore District, is directed to return the Ashok Leyland Tipper Lorry bearing Registration No. TN 55 H 8160 to the petitioner, forthwith on the following conditions:- (i) the petitioner is directed to execute an own bond for a sum of Rs. 1,00,000/- (Rupees One lakh only) to the satisfaction of the concerned Magistrate to the credit of Crime No.21 of 2025 pending on the file of the respondent police. Further, the petitioner shall deposit a sum of Rs.25,000/- to the credit of registered Advocate Clerks Welfare Association, Vellore District. (ii) the petitioner shall deposit the original registration certificate of the vehicle with the concerned Magistrate.
(iii) the seized item should be photographed at the cost of the petitioner herein and a list is to be prepared and the same is to be signed by the petitioner.
(iv) the petitioner shall not alienate and shall not make any alteration in the vehicle.
(v) the petitioner shall produce the vehicle before the Court and before the respondent police as and when required;
(vi) If any of the conditions are violated, this order automatically stands cancelled.
7. Accordingly, the Criminal Revision Case stands allowed. 18-11-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes To The Judicial Magistrate No.I, Vellore.
T.V.THAMILSELVI J.
pbl CRL RC No. 2407 of 18-11-2025