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Madras High CourtCRL OP(MD)/875/2025disposed of

Sathishkumar v. The State Of Tamil Nadu

2025-01-21Honourable Mr Justice M. Nirmal Kumar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.01.2025

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Sathishkumar .. Petitioner Vs.

1. The Deputy Superintendent of Police Prohibition Enforcement Wing Thoothukudi District

2. The Inspector of Police Muthiahpuram Police Station Thoothukudi District .. Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to set aside the docket order passed by the learned Judicial Magistrate No.II, Thoothukudi in unnumbered Crl.M.P.No.,.. of 2025 filed by the petitioner and consequently issue a direction to the respondents to return the vehicle bearing. Reg.No. TN 69 BS 7897 in the style of Honda Dio seized on 25.12.2024 by the second respondent in connection with the Crime No.477 of 2024 pending before the second respondent police station.

For Petitioner : Mr.S.Vishnuvardhan For Respondents : Mr.A.Thiruvadi Kumar No.1 & 2 Additional Public Prosecutor 1/6

ORDER

This Criminal Original Petition has been filed to set aside the docket order passed by the learned Judicial Magistrate No.II, Thoothukudi in unnumbered Crl.M.P.No.,.. of 2025 filed by the petitioner and consequently issue a direction to the respondents to return the vehicle bearing. Reg.No. TN 69 BS 7897 in the style of Honda Dio seized on 25.12.2024 by the second respondent in connection with the Crime No.477 of 2024 pending before the second respondent police station.

2. The contention of the petitioner is that the Honda Dio two wheeler bearing Reg.No. TN 69 BS 7897 was seized by the second respondent in connection with Crime No. 477 of 2024 for the offences under Sections 4(1)(C) and 14(A) of TNP Act from one Ponkarpakaraj. The case is that on 25.12.2024 when the respondent police went for rais they found the accused standing with a two wheeler bearing Reg. No. TN 69 BS 7897 when he was questioned he admitted that he had purchased 13 Black Pearl Brandy bottles each containing 180 ml from the tasmac shop and kept in a bag to sell it for higher price at early hours when the shop is closed. Thereafter the bottles were seized and the case has been registered.

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3. The further contention of the petitioner is that though the First Information Report has been registered on 25.12.2024 it had not reached the Court, when the petitioner filed a petition for return of property before the learned Judicial Magistrate No.II, Thoothukudi on 31.12.2024. Hence he had produced the returned petition with the prayer to consider the petitioner's application and to return the two wheeler.

4. The learned Additional Public Prosecutor submitted that the respondent police who had instructed him stated that after one week of seizure of vehicle the First Information Report is sent to the court but he is unable to give the exact date..

5. The learned counsel appearing for the petitioner submitted that the petitioner is not an accused. He had filed a return of property petition. Further as per the Tamil Nadu Liquor(Possession for Personal Consumption) Rules,1996 in G.O.Ms.No.75,P&E, dated 16th April 1996 and amended vide G.O.(MS) No.14 H.P.EVI Department dated 09.06.2017, the prescribed limit for Indian made Foreign spirit is 4.5 litres but in this case the petitioner was found in possession of only 2.6 litres of liquor. Therefore the petitioner is only having less quantity of prescribed 3/6

limit, hence the registration of the First Information Report itself is not maintainable.

6. Taking into consideration the fact that the petitioner was found in possession only 2.6 litres of liquor which is less than the prescribed limit , the First Information Report in Crime No.477 of 2024 is hereby quashed and the second respondent police is hereby directed to hand over the two wheeler bearing Reg.No.TN 69 BS 7897 to the petitioner forthwith.

7. With the above direction this Criminal Original Petition stands disposed of.

21.01.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No aav 4/6

To

1. The Deputy Superintendent of Police Prohibition Enforcement Wing Thoothukudi District

2. The Inspector of Police Muthiahpuram Police Station Thoothukudi District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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M.NIRMAL KUMAR,J.

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