Ravikumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.03.2019

CORAM

THE HONOURABLE MRS. JUSTICE T.KRISHNAVALLI Crl.RC(MD)No.586 of 2018 Ravikumar ... Petitioner/Petitioner/ Owner of the Property Vs.

The State, Rep by its The Inspector of Police, Amanthoor Police Station, Virudhunagar District.

(Crime No.202 of 2018) ... Respondent/Respondent/ Complainant Prayer : This Criminal Revision has been filed under Section 397 r/w 401 of Criminal Procedure Code, to call for the records relating to the order of the learned Judicial Magistrate No.II, Virudhunagar, Virudhunagar District in Crl.M.P.No.6079 of 2018 dated 28.09.2018 filed by the petitioner under Sections 457 and 451 of Cr.P.C. and set aside the same as illegal and entrust the custody of the manufacture fireworks property to the petitioner and allow the above Criminal Revision Petition.

For Revision Petitioner : Mr.M.Karunanithi For Respondent : Mr.A.Robinson Government Advocate (Crl.Side)

O R D E R

The petitioner claims to be the owner of the vehicle (Tractor) bearing Registration No.TN-60-H-8822. On 01.08.2018, the respondent police found the said vehicle carrying sand in violation of the provision of the Mines and Minerals Development Regulation Act, 1957. The respondent registered a case in Crime No.202 of 2018 under Sections 379 IPC., & 21(1) of Mines and Minerals Development Regulations Act, 1957, and seized the said vehicle. Seeking return of the said vehicle, the petitioner filed a petition before the learned Judicial Magistrate No.II, Virudhunagar, for interim custody. The learned Magistrate, by order dated 28.09.2018, has dismissed the same. Challenging the said order, the petitioner is before this Court with this petition.

2.Heard the learned counsel appearing on either side and perused the materials available on record.

3.Mr.A.Robinson, learned Government Advocate (Crl.side) has strongly objection to release the vehicle.

4.The only ground upon which the lower court has dismissed the petition is that already confiscation proceeding had been initiated under Section 21(1) of the Mines and Minerals Development Regulations Act, 1957, as against the vehicle in question. According to the lower Court, since such proceeding was pending, the petition for interim custody of the vehicle is not maintainable. The view taken by the learned Magistrate is not correct. It is well settled that during the pendency of confiscation proceeding, the vehicle needs to be returned to the person, who is entitled to have. The return will have no impact on the confiscation proceeding, as the confiscation proceeding is an independent proceeding. 5.In view of the above, this revision is allowed and the order of the learned Judicial Magistrate No.II, Virudhunagar in Crl.M.P.No.6079/2018 is set aside and the learned Magistrate is directed to return the vehicle subject to the confiscation proceedings to the petitioner on the following conditions:- (a) The petitioner shall deposit the original Registration Certificate of the vehicle;

(b) The petitioner shall deposit a sum of Rs.20,000/- (Rupees Twenty thousand only) to the credit of Crime No.202 of 2018 on the file of the Judicial Magistrate No.II, Virudhunagar, within a period of one week from the date of receipt of a copy of this order; (c) The petitioner shall not make any alteration of the vehicle;

(d) The petitioner shall produce the same before the Court as an when required, until final order is passed in the confiscation proceedings.

6.The authority under the Mines and Minerals Development Regulations Act, 1957 may proceed with the confiscation proceedings and the petitioner shall obey any order that may be passed in the said proceeding by the authority.

Sd/- Assistant Registrar (AD-I) /True Copy/ Sub Assistant Registrar To 1.The Judicial Magistrate No.II, Virudhunagar, Virudhunagar District.

2.The The Inspector of Police, Amanthoor Police Station, Virudhunagar District.

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

+1CC TO Mr.M.Karunanithi, Advocate, Sr No.55332 Crl.RC(MD)No.586 of 2018 18.03.2019 1/2 vsd SP/05.04.2019/3P.5C