Chellamani v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :24.01.2020

CORAM

THE HONOURABLE MRS. JUSTICE T.KRISHNAVALLI Chellamani

...Petitioner

Vs.

State through The Inspector of Police, Manamadurai Sipcot Police Station, Sivagangai District.

(In Crime No.103 of 2019) ... Respondent Prayer : This Criminal Revision has been filed under Section 397 r/w 401 of Criminal Procedure Code, to call for entire records relating to the impugned order dated 06.12.2019 made in Cr.M.P.No.3509 of 2019 on the file of the Principal Sessions Judge, Sivagangai and to set aside the same and consequently, to direct the respondent to return the vehicle, namely Bolero Maxi Truck Plus - Goods Carrier, bearing Registration No.TN-63-AK-4830, bearing Engine No.TBE1L97251 and Chassis No.M1ZP2TBKE1L87458 to the petitioner forthwith. For Petitioner : Mr.M.S.Jayakarthik For Respondent : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.side) ***

O R D E R

The petitioner claims to be the owner of the Bolero Maxi Truck Plus - Goods Carrier, bearing Registration No.TN-63-AK-4830. According to the petitioner, the alleged vehicle was seized by the respondent on 19.08.2019 in connection with a case in Crime No.103 of 2019 for the offence under Section 379 of IPC and Section 21(1) of Mines and Minerals (Development & Regulation) Act, 1957. Seeking return of the said vehicle, the petitioner has filed a petition before the learned Principal Sessions Judge, Sivagangai, for interim custody. The learned Principal Sessions Judge, Sivagangai, by order dated 06.12.2019 has dismissed the same. Challenging the said order, the petitioner is before this Court with this petition. 2.Heard the learned counsel appearing on either side and perused the materials available on record.

3.The grievance of the petitioner is that as per the General Clauses Act, the Special Court can exercise all the powers of 1/3

Magistrate, so the Special Court can entertain the petition under Sections 451 and 457 of Cr.P.C. But, the special Court without analyzing the G.O on which it was constituted, has rejected the application. Further, it is well settled that during the pendency of confiscation proceedings, the vehicle needs to be returned to the person, who is entitled to have. This return will have no impact on the confiscation proceeding, as the confiscation proceeding is an independent proceeding.

4.In view of the above, this Criminal Revision is allowed and the order of the learned Principal Sessions Judge, Sivagangai, in Cr.M.P.No.3509 of 2019, dated 06.12.2019, is set aside and the learned Principal Sessions Judge, Sivagangai, is directed to return the vehicle to the petitioner subject to the confiscation proceedings on the following conditions:- (a)The petitioner shall produce the original Registration Certificate of the vehicle;

(b)The petitioner shall deposit a sum of Rs.25,000/- (Rupees Twenty Five thousand only) to the credit of Crime No.103 of 2019 on the file of the learned Principal Sessions Judge, Sivagangai, within a period of one week from the date of receipt of a copy of this order;

(c)The petitioner shall not make any alteration of the vehicle;

(d)The petitioner shall produce the same before the Court as an when required until final order is passed in the confiscation proceedings.

5.The Authority under the Tamil Nadu Prohibition Act may proceed with the confiscation proceedings and the petitioner shall obey any order that may be passed in the said proceeding by the authority.

Sd/- Assistant Registrar (CS III) // True Copy // / /2020 Sub Assistant Registrar(CS) vsd To 1.The Principal Sessions Judge, Sivagangai.

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2.The Inspector of Police, Manamadurai Sipcot Police Station, Sivagangai District.

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

+1 CC to M/s.M.S.JEYAKARTHIK, Advocate ( SR-2945[F] dated 24/01/2020 ) KK/SAR/31.01.2020/3P-5C/ 3/3