Santhosh v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 30.04.2024
CORAM
THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN Crl.R.C(MD). No.470 of 2024 Santhosh ... Petitioner/Petitioner Vs.
The Inspector of Police, Arumanai Police Station, Kanyakumari District.
Crime No.5/2024 ... Respondent/Respondent PRAYER: Criminal Revision Petition has been filed under Section 397 r/w 401 of Cr.P.C., to pass an order to call for the records and set aside the order in Crl.M.P.No.1328 of 2024 dated 12.02.2024 on the file of the learned Judicial Magistrate No.1, Kuzhithurai, and consequently, issue the direction to return the vehicle bearing Reg.No.TN 76 7329 (Tempo) to the petitioner. For Petitioner : Mr.N.Edwin Jayakumar For Respondent : Mr.R.Sivakumar, Government Advocate(Crl.Side) 1/8
ORDER
The Criminal Revision Case has been filed to set aside the order in Crl.M.P.No.1328 of 2024 dated 12.02.2024 on the file of the learned Judicial Magistrate No.1, Kuzhithurai, and consequently, issue the direction to return the vehicle bearing Reg.No.TN 76 7329 (Tempo) to the petitioner 2.The petitioner claims to be the owner of the vehicle/Tempo bearing Reg.No.TN-75 AY-3510. On 28.11.2023, the respondent Police intercepted the vehicle/Tipper bearing Reg.No. TN-76 7329 and seized the vehicle as the same was used for transporting of wastage from pig farm, to an agricultural land without any valid licence or permit and registered a case in Crime No.05 of 2024 for the offences under Sections 279, 269 and 270 of I.P.C. 3.It is not in dispute that the petitioner has approached the learned Judicial Magistrate No.
I, Kuzhithurai, for returning of the said vehicle in Crl.M.P.No. 1328 of 2024 and the learned Judicial Magistrate No.I, Kuzhithurai, vide order dated 12.02.
transporting of wastage from pig farm. Challenging the same, the above Criminal Revision came to be filed before this Court.
4.The learned counsel appearing for the petitioner would submit that the petitioner's vehicle was never involved in any illegal activity and the respondent police without verifying the same has foisted the above false case. He would further submit that the petitioner's family is depending upon the income deprived from the above said vehicle.
5.The learned Government Advocate (Criminal Side) appearing for the State would submit that the vehicle in question, is not having any previous case. 6.This Court considered the rival submissions and also perused the records and the impugned order.
7.In this case, the vehicle was seized on 07.01.2024. Till date, the confiscation proceeding is not initiated. The vehicle is keeping in the open place from 07.01.2024 onwards. Further, if the vehicle is kept in open place exposing to sun and rain, the value of the vehicle will be deteriorated. Considering the 3/8
over all circumstances of the case, this Court is inclined to allow the revision by following the principle of law laid down by the Honourable Supreme Court, in the case of Sunderbhai Ambalal Desai Vs. State of Gujarat reported in 2002
(10) SCC 283:
"12. For this purpose, if material on record indicates that such articles belong to the complainant at whose house theft, robbery or dacoity has taken place, then seized articles be handed over to the complainant after:
(1) preparing detailed proper panchnama of such articles;
(2) taking photographs of such articles and a bond that such articles would be produced if required at the time of trial; and
(3) after taking proper security"
13. For articles such as seized liquor also, prompt action should be taken in disposing it of after preparing necessary panchnama. If sample is required to be taken, sample may kept properly after sending it to the chemical analyser, if required. But in no case, large quantity of liquor should be stored at the police station. No purpose is served by such storing."
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8. Accordingly, this Criminal Revision Petition is allowed and the order dated 12.02.2024 in Cr.M.P.No.1328 of 2024 on the file of the learned Judicial Magistrate No.I, Kuzhithurai, is hereby set aside and the learned Judicial Magistrate No.I, Kuzhithurai, is directed to release the vehicle of the petitioner forthwith on the following conditions:- (i) the petitioner is directed to deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) as nonrefundable for the vehicle to the credit of the Environmental Committee (Account No:7633863037, Registrar (Judicial), Madurai Bench of Madras High Court, Madurai,).
(ii) on such deposit the petitioner shall execute a bond to the value of the vehicle mentioned in the insurance certificate existed on the date of occurrence before the learned Judicial Magistrate No.I, Kuzhithurai ; (iii) The petitioner shall file an affidavit with specific undertaking that they shall not involve in any 5/8
illegal mining or any other offence and vehicle also will not be used in the illegal mining or any other offence. (iv) The photograph of the vehicles is to be taken properly and the petitioner shall produce their vehicles as and when required by the Courts below.
(v)The petitioner shall not alienate the vehicle till the disposal of confiscation proceeding (vi) The investigating agency shall initiate the confiscation proceedings within a period of 10 days from the date of receipt of a copy of this order before the Courts below and the Courts below shall dispose the same within a period of six months thereafter.
(vii) The petitioner shall co-operate with the trial Court to complete the confiscation proceedings. 30.04.2024 NCC : Yes/No Index : Yes/No Internet: Yes/No sbn Note:Issue Order Copy on 14.06.2024.
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To
1. The Learned Judicial Magistrate No.I, Kuzhithurai.
2.The Inspector of Police, Arumanai Police Station, Kanyakumari District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
4. The Section Officer, Criminal Section(Records), Madurai Bench of Madras High Court, Madurai.
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K.K.RAMAKRISHNAN, J.
sbn Crl.R.C(MD). No.470 of 2024 30.04.2024 8/8