Rani v. The Assistant Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.03.2020

CORAM

THE HONOURABLE MRS. JUSTICE T.KRISHNAVALLI Rani ... Petitioner/Petitioner Vs.

1.The Assistant Director, Mines and Minerals, Karur District.

2.The District Collector, Karur District, Karur.

3.The Revenue Divisional Officer Cum Sub Collector, Karur District, Karur.

4.The Tahsildar, Pugaloor Taluk Office, Karur District.

...Respondents/Respondents

Prayer : This Criminal Revision has been filed under Section 397 r/w 401 of Criminal Procedure Code, to set aside the order in Crl.M.P.No.1522 of 2019 on the file of the Principal Sessions Judge, Karur, dated 03.03.2020, to hand over the interim custody of the vehicle bearing Registration No.TN-32-T-3233 to the petitioner.

For Petitioner : Mr.S.Gokul Raj For Respondents : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.side) ***

O R D E R

This petition has been filed to set aside the order in Crl.M.P.No.1522 of 2019 on the file of the learned Principal Sessions Judge, Karur, dated 03.03.2020.

2.The petitioner claims to be the owner of the Lorry bearing Registration No.TN-32-T-3233. The 4th respondent police 1/3

intercepted the vehicle of the petitioner and seized the same on the ground that it was used for carrying illegal sand without any valid permit and handed over to the 3rd respondent. Subsequently, the petitioner has approached the learned Sessions Judge, Karur, by way of filing a petition in Crl.M.P.No.1522 of 2019 for release of the vehicle and the learned judge has allowed the petition filed by the petitioner by its order dated 03.03.2020, by imposing the 1st condition to the effect that the petitioner was directed to surrender the original R.C.Book and deposit a sum of Rs.1,00,000/- before the learned Sessions Judge, Karur. Challenging the condition imposed by the trial Court, the petitioner is before this Court with this criminal revision.

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 1st, condition imposed by the learned Principal Sessions Judge, Karur, is onerous.

5.In view of that, this Criminal Revision is partly allowed. The order of the learned Principal Sessions Judge, Karur, made in Cr.M.P.No.1522 of 2020, dated 03.03.2020 is modified in respect of the 1st condition alone and it is modified to the effect that the petitioner is directed to surrender the certified copy of the original R.C.Book obtaining from the financier and deposit a sum of Rs.50,000/- (Rupees Fifty thousand only) before the learned Principal Sessions Judge, Karur. In respect of other conditions, the order of the learned Principal Sessions Judge, Karur, shall remain unaltered. Sd/- Assistant Registrar(CO) // True Copy // / /2020 Sub Assistant Registrar(CS) vsd To 1.The Principal Sessions Judge, Karur.

2.The Assistant Director, Mines and Minerals, Karur District.

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3.The District Collector, Karur District, Karur.

4.The Revenue Divisional Officer Cum Sub Collector, Karur District, Karur.

5.The Tahsildar, Pugaloor Taluk Office, Karur.

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

+1 CC to M/s.S.GOKULRAJ, Advocate ( SR-11427[F] dated 12/03/2020 ) 12.03.2020 AL(CO) TR(13.03.2020) 3P 8C 3/3