← Library
Madras High CourtCRL RC(MD)/678/2024allowed

Kaleeswari v. The Inspector Of Police

2024-07-15Honourable Mr Justice K.K. Ramakrishnan7 pages

THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 15.07.2024

CORAM

THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN Kaleeswari ... Revision Petitioner/Petitioner/ Owner of the Vehicle Vs.

The State of Tamil Nadu The State rep. By The Inspector of Police, Srivilliputhur Town Police Station, Virudhunagar District.

(Crime No.164 of 2019) ... Respondent/Respondent/ Complainant 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 to the order dated 16.05.2024 in Cr.M.P.No.730 of 2024 in Crime No.164 of 2019 on the file of the learned Judicial Magistrate No.II, Srivilliputhur, set aside the same and consequentially direct the learned Judicial Magistrate No.II, Srivilliputhur, to return the Trailer bearing Reg.No.TN-76-Z-0115 to the petitioner. For Petitioner : Mr.T.Dinesh Pandi For Respondent : Mr.B.Thanga Aravindh Government Advocate(Crl. Side) * * * * * 1/7

ORDER

The Criminal Revision Case has been filed to set aside the order dated 16.05.2024 in Cr.M.P.No.730 of 2024 in Crime No.164 of 2019 on the file of the learned Judicial Magistrate No.II, Srivilliputhur, set aside the same and consequentially direct the learned Judicial Magistrate No.II, Srivilliputhur, to return the Trailer bearing Reg.No.TN-76-Z-0115 to the petitioner. 2.The petitioner claims to be the owner of the Tipper Lorry bearing Reg.No.TN-76-Z-0115. On 18.03.2019, the respondent Police intercepted the Tipper Lorry bearing Reg.No. TN-76-Z-0115 and seized the vehicle as the same was used for transporting of soil illegally without any valid licence or permit and registered a case in Crime No.164 of 2019 for the offences under Section 379 I.P.C.

3.It is not in dispute that the petitioner has approached the learned Judicial Magistrate No.II, Srivilliputhur, for returning of the said vehicle in Crl.M.P.No. 730 of 2024 and the learned Judicial Magistrate No.II, Srivilliputhur, vide order dated 16.05.2024, has dismissed the petition on the ground that the petitioner has not produced any transmit pass. Challenging the same, the above Criminal 2/7

Revision came to be filed before this Court.

4.The learned counsel appearing for the petitioner would submit that the petitioner in an innocent and he is no way connected with the offences alleged against the petitioner and the 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 respondent police submits that the petitioner is not having previous cases. 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 18.03.2019. Till date, the confiscation proceeding is not initiated. The vehicle is keeping in the open place from 18.03.2019 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 3/7

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.

8. Accordingly, this Criminal Revision Petition is allowed and the order dated 16.05.2024 in Crl.M.P.No.730 of 2024 on the file of the learned Judicial Magistrate No.II, Srivilliputhur, is hereby set aside and the learned Judicial Magistrate No.II, Srivilliputhur, 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.40,000/- (Rupees Forty Thousand only) as nonrefundable for the vehicle to the credit of the Head Master, Sethupathi Government Higher Secondary School, Tiruchuli, Virudhunagar District, Account No.: 30700985498, State Bank of India, Tiruchuli, IFSC Code: SBIN0003832 on or before 30.07.2024, otherwise the impugned order shall stand restored;

(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.II, Srivilliputhur; 4/7

(iii) The petitioner shall file an affidavit with specific undertaking that they shall not involve in any 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; and (vii) The petitioner shall co-operate with the trial Court to complete the confiscation proceedings. For compliance on 31.07.2024.

15.07.2024 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR Note: Issue Order Copy on 16.07.2024 5/7

To 1.The learned Judicial Magistrate No.II, Srivilliputhur. 2.The Inspector of Police, Srivilliputhur Town Police Station, Virudhunagar 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.

6/7

K.K.RAMAKRISHNAN, J.

RJR 15.07.2024 7/7