Selvam v. The State Rep By, The Inspector Of Police

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-01-2026

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Selvam Petitioner(s) Vs State Rep By.

The Inspector of Police Arni Taluk Police Station, Tiruvannamalai District.

Cr.No.267 of 2025.

Respondent(s) PRAYER: Criminal Revision filed under Section 438 and 442 of BNSS to call for the records to set aside the order passed in Crl.MP.No.1122 of 2025 dated 20.06.2025 on the file of Judicial Magistrate Court, Arni and direct the respondent to release the vehicle Mahindra and Mahindra Limited (Agricultural Tractor) bearing Registration No. TN 15 V 3250 (Engine No.NLGB02916), (chassis No.NLGB02916) which was seized in connection with the Crime No.267 of 2025 on the file of the respondent police. For Petitioner(s):

Mr.S.Kalaikumar For Respondent(s):

Mr.R.Vinothraja Government Advocate (Crl.Side)

ORDER

This revision challenges the order passed by the learned Judicial Magistrate, Arni, dismissing the petitioner's application for return of vehicle, which was involved in Crime No.267 of 2025, registered for the offences under Sections 303 (2), 326 (a) BNS r/w 21(1) MM (D&R)Act.

2/4 2.The gist of the allegation is that the petitioner had transported one unit of river sand illegally in his Tractor and thus committed the aforesaid offences. The petitioner sought return of his Tractor. The learned Judicial Magistrate dismissed the said application on the ground that the petitioner was involved in two other similar offences registered in Crime No.424 of 2024, on the file of the Arni Police Station and Crime No.152 of 2024, on the file of the Vazhaipandhal Police Station.

3.The learned counsel for the petitioner would submit that the cases filed against him are false; that the aforesaid property is kept idle at the Police Station and since the property is subjected to the vagaries of weather, the value of the property would be diminished and hence the property may be returned to him. 4.The learned Government Advocate (Crl.Side) per contra submitted that the petitioner is a habitual offender and if the property is returned, he is likely to commit similar offences.

5.Considering the fact that the petitioner is a habitual offender and in the third case registered against him the vehicle was seized, this Court finds no infirmity in the order passed by the learned Judicial Magistrate dismissing the application for return of vehicle.

3/4 6.Hence, this criminal revision is liable to be dismissed. The respondent is however directed to file the final report as expeditiously as possible. 7.With the above directions, the revision is dismissed. 06-01-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes sli To 1.The Judicial Magistrate Court, Arni.

2.The Inspector of Police Arni Taluk Police Station, Tiruvannamalai District.

Crime No.267 of 2025.

4/4 SUNDER MOHAN, J.

sli 06-01-2026