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Madras High CourtCRL RC(MD)/25/2025allowed

Ganesan v. The State Of Tamil Nadu

2025-01-08Honourable Mr Justice P.Vadamalai8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.01.2025

CORAM

THE HONOURABLE MR.JUSTICE P.VADAMALAI Ganesan ... Petitioner Vs.

State rep.by The Inspector of Police, Papanasam Police Station, Thanjavur District.

(Crime No.666 of 2024) ... Respondent PRAYER : Criminal Revision Petition filed under Section 438 r/w 442 of BNSS, to call for the records relating to the order passed in Cr.M.P. No.3976 of 2024 on the file of the learned District Munsif cum Judicial Magistrate, Papanasam, Thanjavur District dated 13.12.2024 in Crime No.666 of 2024 on the file of the respondent police. For Petitioner : Ms.S.Prabha For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor 1/8

ORDER

The Criminal Revision Case is directed against the order, dated 13.12.2024, passed in Cr.M.P.No.3976 of 2024 on the file of the learned District Munsif cum Judicial Magistrate, Papanasam dismissing the petition filed under Section 497 of BNSS.

2. The petitioner claims to be the owner of the vehicle Tractor bearing Registration No.TN-68-A-5262 and Tipper bearing Registration No.TN-68-S-1162. On 28.07.2024, the respondent police seized the vehicle on the ground that the vehicle was used for transporting 1 unit of river sand without any valid license or permit, and registered a case in Crime No.666 of 2024 for the offence under Section 303(2) of BNS r/w Section 21(4) of the Mines and Minerals (Development & Regulation) Act.

3. It is not in dispute that the petitioner has approached the learned District Munsif cum Judicial Magistrate, Papanasam by filing a petition for the return of vehicle Tractor bearing Registration No.TN-68A-5262, along with Tipper bearing Registration No.TN-68-S-1162 in 2/8

Cr.M.P.No.3976 of 2024, and the learned District Munsif cum Judicial Magistrate, Papanasam, vide order dated 13.12.2024, has dismissed the said petition. Aggrieved by the order of dismissal, the petitioner has now come forward with the present revision.

4. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

5. The learned counsel appearing for the petitioner would submit that the vehicle Tractor bearing Registration No.TN-68-A-5262, along with Tipper bearing Registration No.TN-68-S-1162, is owned by the petitioner, and the said vehicle has no connection whatever with the alleged occurrence, and the vehicle is with the police for the past five months, and if the vehicle is kept in open place, the value of the said vehicle will get deteriorated. Therefore, interim custody of the vehicle may be granted to the petitioner.

6. The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner, who has been arrayed as A1 3/8

in the aforesaid case, is the owner of the vehicle Tractor bearing Registration No.TN-68-A-5262 and Tipper bearing Registration No.TN-68-S-1162, and the vehicle was used for transporting one unit of river sand.

7. In this case, the vehicle was seized on 28.07.2024. The vehicle is kept in the open place from 28.07.2024 onwards. Further, if the vehicle is kept in open place exposing to sun and rain, the value of the vehicle will be deteriorated and no purpose will be served in keeping the vehicle in custody. Considering the over all facts and circumstances of the case, this Court is inclined to allow this revision by following the principle of law laid down by the Honourable Supreme Court, in the case of Sunderbhai Ambalal Desai Vs. State of Gujarat [2002 (10) SCC 283].

8. Accordingly, this Criminal Revision Case is allowed, and the order, dated 13.12.2024, passed in Cr.M.P.No.3976 of 2024 by the learned District Munsif cum Judicial Magistrate, Papanasam is hereby set aside and the vehicle Tractor bearing Registration No.TN-68-A-5262, along with Tipper bearing Registration No.TN-68-S-1162, is ordered to 4/8

be returned to the petitioner for interim custody subject to the confiscation proceedings to be taken by the concern department or by the Court on the following conditions :

(i) the petitioner is directed to deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) as non-refundable deposit for the said vehicle to the credit of the Head Master, Sethupathi Government Higher Secondary School, Tiruchuli, Virudhunagar District, Account No.:30700985498, State Bank of India, Tiruchuli, IFSC Code : SBIN0003832;

(ii) On such deposit, the petitioner shall execute a bond for a sum of Rs.3,00,000/- (Rupees Three Lakhs only) with two sureties for a likesum to the satisfaction of the learned District Munsif cum Judicial Magistrate, Papanasam;

(iii) the vehicle shall be photographed in different angle and the engine and chassis number shall also be photographed in the presence of the Head Clerk of the learned District Munsif cum Judicial Magistrate, Papanasam at the cost of the petitioner and the petitioner's signature to be obtained in the backside of the photographs, and the said photographs and CD 5/8

shall be kept in the case bundle for the purpose of marking them as material objects during trial; (iv) the petitioner shall deposit the original Registration Certificate of the vehicle before the learned District Munsif cum Judicial Magistrate, Papanasam;

(v) the petitioner shall not alienate and shall not alternate the physical features of the vehicle till the disposal of the case; and (vi) the petitioner shall produce the vehicle before the Court and before the respondent police as and when required;

08.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No mkn 6/8

To 1.The learned District Munsif cum Judicial Magistrate, Papanasam, Thanjavur District.

2.The Inspector of Police, Papanasam Police Station, Thanjavur District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P.VADAMALAI, J.

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