Madras High CourtCRL RC(MD)/76/2020allowed

Sathasivam v. The Inspector Of Police

2020-01-30Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

Crl.R.C(MD)No.76 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.01.2020

CORAM

THE HONOURABLE MRS. JUSTICE T.KRISHNAVALLI Crl.R.C(MD)No.76 of 2020 Sathasivam ... Petitioner/Appellant Vs.

The State through The Inspector of Police, Pulithipatty Police Station.

(In Crime No.65 of 2019)

...Respondent/Complainant

Prayer : This Criminal Revision has been filed under Section 397 r/w 401 of Criminal Procedure Code, to set aside the order passed in Crl.M.P.No.3654 of 2019 on the file of the Principal Sessions Judge, Sivagangai, dated 20.12.2019.

For Petitioner : Mr.S.MP.Amalan For Respondent : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.side) ***

O R D E R

This Criminal Revision Case has been filed to set aside the order passed in Crl.M.P.No.3654 of 2019, dated 20.12.2019 on the file of the learned Principal Sessions Judge, Sivagangai. 2.The petitioner claims to be the owner of the Ashok Leyland Tipper Lorry bearing Registration No.TN-31-AH-8260. On 27.11.2019, the respondent police intercepted the vehicle of the petitioner and seized the same on the allegation that it was used for carrying illegal river sand without any valid permit and registered a case in Crime No.65 of 2019 under Section 21(4) of Mines and Minerals (Development & Regulation) Act, 1957. Subsequently, the petitioner has approached the learned Principal Sessions Judge, Sivagangai, by filing a petition for release of the vehicle and the learned judge allowed the petition filed by the petitioner in Crl.M.P.No.

3654 of 2019, dated 20.12.2019, by imposing the condition (b) to the effect that the petitioner shall deposit a sum of Rs.10,00,000/- before the learned District Munsif Cum Judicial Magistrate, Singampurnari. Challenging the said order, the petitioner is before this Court with this criminal revision.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.R.C(MD)No.76 of 2020 3.Heard the learned counsel appearing on either side and perused the materials available on record.

4.The only grievance of the petitioner is that the conditions imposed by the learned Principal Sessions Judge is onerous. 5.In view of that, this Criminal Revision is partly allowed. The order of the learned Principal Sessions Judge, Sivagangai, made in Crl.M.P.No.3654 of 2019, dated 20.12.2019 is set aside in respect of the condition (b) alone and it is modified to the effect that the petitioner shall deposit a sum of Rs.50,000/- before the learned District Munsif Cum Judicial Magistrate, Singampurnari, to the credit of Crime No.65 of 2019 of Pulithipatty Police Station. In respect of other conditions, the order of the learned Principal Sessions Judge shall remain unaltered.

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

2.The Inspector of Police, Pulithipatty Police Station.

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

Copy to:

The District Munsif cum Judicial Magistrate, Singampunari.

+1 CC to M/s.S.MP.AMALAN, Advocate ( SR-3869[F] dated 30/01/2020 ) Crl.R.C(MD)No.76 of 2020 30.01.2020 KK/SAR/07.02.2020/2P-6C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2