Madras High CourtCRL RC(MD)/86/2023disposed of

Suriya Prakash v. The Inspector Of Police

2023-01-23Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.01.2023

CORAM

THE HONOURABLE MR. JUSTICE G.ILANGOVAN Suriya Prakash .. Petitioner/ Petitioner / Accused Vs.

The State, represented by The Inspector of Police, Prohibition Enforcement Wing, Thoothukudi, Thoothukudi District.

(Crime No.850 of 2022).

.. Respondent / Respondent / Complainant PRAYER: This Civil Revision Case is filed under Sections 397 r/w 401 of the Criminal Procedure Code, to call for the records and set aside the order of the learned Judicial Magistrate No.III, Thoothukudi, Thoothukudi District dated 27.12.2022 made in Crl.MP.No.15037 of 2022 in Crime No. 850 of 2022 on the file of the Inspector of Police, Prohibition Enforcement Wing, Thoothukudi, Thoothukudi District and consequently direct the respondent to return the vehicle.

For Petitioner : Mr. Sankara Pandian.J For Respondent : Mr. Nambiselvan.B Additional Public Prosecutor 1/4

ORDER

This Criminal Revision Case has been filed to call for the records and set aside the order of the learned Judicial Magistrate No.III, Thoothukudi, Thoothukudi District dated 27.12.2022 made in Crl.MP.No.15037 of 2022 in Crime No.850 of 2022 on the file of the Inspector of Police, Prohibition Enforcement Wing, Thoothukudi, Thoothukudi District and consequently direct the respondent to return the vehicle.

2. The learned Additional Public Prosecutor would submit that the recommendation has been made on 06.12.2022 to confiscate the vehicle to the competent authority, now it is kept pending. He would further submit that notice has been served upon the revision petitioner on 13.12.2022.

3. The learned counsel for the petitioner would submit that pending the above said confiscation proceedings, interim custody of the vehicle may be granted to the revision petitioner.

4. Already the proceedings are under ways, so the petitioner can wait in view of the direction is passed by this Court to the competent authority to complete the process of the proceedings within a month from the date of 2/4

receipt of copy of this order. If the petitioner is aggrieved the outcome of the above said proceedings, he can workout the remedy through proper proceedings.

5. With the above directions and liberty, this Criminal Revision stands disposed of.

23.01.2023 NCC:Yes/No Index : Yes / No Internet : Yes / No Indu To 1.The Inspector of Police, Prohibition Enforcement Wing, Thoothukudi, Thoothukudi District.

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

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G.ILANGOVAN,J.

Indu 23.01.2023 4/4