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Madras High CourtCRL RC(MD)/344/2023allowed

Balaji v. The Inspector Of Police

2023-03-30Honourable Mr Justice K.Murali Shankar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 30.03.2023

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Crl.R.C.(MD)No.344 of 2023 Balaji .. Petitioner Vs.

1.The Inspector of Police, Natham Police Station, Dindigul District.

Crime No.381 of 2022.

2.The Assistant Director, Department of Geology and Mining, Dindigul.

3.The District Collector, District Collectorate Office, Dindigul.

4.The Revenue Divisional Officer, Dindigul, Dindigul District.

5.The Thasildar, Natham Taluk, Dindigul District.

6.M/s.Sundaram Finance Ltd, H68C, 2nd Floor, Upstairs of Karur Vysya Bank, Main Road, R.M.Colony, Dindigul.

.. Respondents Prayer : This criminal revision case is filed under Section 397 r/w. Section 401 of Cr.P.C., to call for the records of Cr.M.P.No.220 of 2023, dated 15.03.2023 passed by the learned Principal Sessions Judge, Dindigul and 1 / 6

set aside the same as illegal and consequently, direct the learned Principal Sessions Judge, Dindigul to release the petitioner's vehicle on interim custody.

For Petitioner : Mr.A.Balaji For Respondents : Mr.A.Albert James, Government Advocate (Crl.Side) for R1 to R5.

ORDER

The Criminal Revision Case is directed against the order passed in Cr.M.P.No.220 of 2023, dated 15.03.2023 on the file of the learned Principal Sessions Judge, Dindigul, dismissing the petition filed under Section 451 Cr.P.C.

2. The petitioner claims to be the owner of the vehicle / Escort Tractor bearing Reg.No.TN-57-BV-9901. On 11.02.2020, the respondent police intercepted the vehicle/Escort Tractor bearing Reg.No.TN-57BV-9901 and seized the vehicle as the same was used for transporting of red soil illegally without any valid license or permit and registered a case in Crime No.381 of 2022 for the offences under Section 379 I.P.C.

3. It is not in dispute that the petitioner has approached the learned Principal Sessions Judge, Dindigul, for returning of the said vehicle in 2 / 6

Cr.M.P.No.220 of 2023 and the learned Principal Sessions Judge, vide order dated 15.03.2023, has dismissed the petition. Challenging the dismissal order, the above Criminal Revision came to be filed before this Court.

4. The learned Government Advocate (Criminal Side) appearing for the State would submit that the Escort Tractor bearing Reg.No.TN-57BV-9901 is owned by the petitioner, but with respect to the Trailer at the time of recovery, they have not noticed the registration of the vehicle and the petitioner has not shown any documents to show that he was owning the said vehicle at that time.

5. The learned Principal Sessions Judge, by observing that the ownership of the vehicle seized, was not proved and hence, he was not inclined to allow the petition, dismissed the application. The respondent has filed a report stating that the vehicle bearing Reg.No.TN-57-BV-9901, is owned by the petitioner, but the Trailer, which was attached with the above Tractor, has been with the petitioner for the past six months.

6. The learned counsel for the petitioner would submit that the petitioner is ready to file an affidavit stating that he is the owner of the 3 / 6

Trailer and in case of any counter claim, he will abide by the orders of the trial Court.

7. Considering the facts and circumstances of the case and also the stand of the prosecution that the Tractor is owned by the petitioner and the Trailer is with the petitioner for the past six months and also taking note of the fact that if the vehicle is kept in open place exposing to sun and rain, the value of the vehicle will be deteriorated and no purpose will be served in keeping the vehicle in custody, this Court is inclined to allow the revision and thereby setting aside the impugned order dated 15.03.2023 passed in Cr.M.P.No.220 of 2023, by the learned Principal Sessions Judge, Dindigul.

8. Accordingly, this Criminal Revision Petition is allowed and the order dated 15.03.2023 in Cr.M.P.No.220 of 2023 on the file of the learned Principal Sessions Judge, Dindigul, is hereby set aside and the vehicle Reg.No.TN-57-BV-9901, is ordered to be returned to the petitioner for interim custody subject to the confiscation proceedings to be taken by the concern Department or by the Court on the following conditions:- (a) petitioner shall deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) as non-refundable for the vehicle to the credit of the District Mineral Foundation Trust, Dindigul. 4 / 6

(b) the petitioner shall execute a bond for a sum of Rs.2,50,000/- (Rupees Two Lakhs and Fifty Thousand only), with two sureties each for a likesum to the satisfaction of the learned Principal Sessions Judge, Dindigul ; and (c) the petitioner shall deposit the original Registration Certificate of the vehicle before the learned Principal Sessions Judge, Dindigul and also file an affidavit stating that he is the owner of the Trailer and in case of any counter claim, he will abide by the orders of the concerned Court ;

(d) the petitioner shall not alienate and shall not make any alteration in the vehicle;

(e) the petitioner shall produce the vehicle before the Court and before the respondent police as and when required; 30.03.2023 NCC : Yes/No Index : Yes/No Internet : Yes/No das 5 / 6

K.MURALI SHANKAR,J.

das To 1.The Principal Sessions Judge, Dindigul.

2.The Inspector of Police, Natham Police Station, Dindigul District.

3.The Assistant Director, Department of Geology and Mining, Dindigul.

4.The District Collector, District Collectorate Office, Dindigul.

5.The Revenue Divisional Officer, Dindigul, Dindigul District.

6.The Thasildar, Natham Taluk, Dindigul District.

7.The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.

Order made in Crl.R.C.(MD)No.344 of 2023 30.03.2023 6 / 6