Madras High CourtCRL RC(MD)/1094/2024allowed

Muthupandiyan v. The State Of Tamilnadu

2024-11-18Honourable Mr Justice P.Vadamalai7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.11.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VADAMALAI Muthupandiayan ... Petitioner Vs.

State rep.by The Sub Inspector of Police, Andipatti Police Station, Theni District (Crime No.412 of 2024) ... Respondent PRAYER : Criminal Revision Petition filed under Section 438 r/w 442 BNSS, to call for the records pertaining to the order dated 25.10.2024 made in Crl.M.P.No.4602 of 2024 on the file of the Judicial Magistrate, Aundipatti and set aside the same.

For Petitioner : Mr.Thanga Prithvi Rajan For Respondent : Mr.M.Vaikkam Karunanidhi Government Advocate (Crl. Side) 1/7

ORDER

The Criminal Revision Case is directed against the order, dated 25.10.2024, passed in Crl.M.P.No.4602 of 2024 on the file of the Judicial Magistrate, Aundipatti dismissing the petition filed under Section 497 of BNSS.

2. The petitioner claims to be the owner of the vehicle Tipper Lorry bearing Registration No.TN-72-AM-5216. On 08.10.2024, the respondent police seized the vehicle on the ground that the vehicle was used for transporting 2 units of sand without any valid license or permit, and registered a case in Crime No.412 of 2024 for the offence under Section 303(2) of BNS r/w Section 21(4) of the Mines and Minerals (Development & Regulation) Act.

3. It is not in dispute that the petitioner has approached the Judicial Magistrate, Aundipatti by filing a petition for the return of vehicle bearing registration No.TN-72-AM-5216 in Crl.M.P.No.4602 of 2024, and the Judicial Magistrate, Aundipatti vide his order, dated 2/7

25.10.2024, has dismissed the said petition. Aggrieved by the order of dismissal, the petitioner has now come forward with the present revision.

4. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent.

5. The learned counsel appearing for the petitioner would submit that the vehicle bearing Reg.No.TN-72-AM-5216 is owned by the petitioner, and that the said vehicle has no connection whatever with the alleged occurrence, and that the vehicle is with the police for the past one and a half months, and that if the vehicle is kept in open place, the value of the said vehicle will get deteriorated, and that therefore, interim custody may be granted to the petitioner.

6. The learned Government Advocate (Criminal Side) appearing for the respondent would submit that the petitioner is the owner of the vehicle, and the vehicle was used for transporting 2 units of sand without permit.

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7. In this case, the vehicle was seized on 08.10.2024. The vehicle is keeping in the open place from 08.10.2024 onwards. Further, 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. Considering the over all facts and circumstances of the case, this Court is inclined to allow this 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 [2002 (10) SCC 283].

8. Accordingly, this Criminal Revision Case is allowed, and the order, dated 25.10.2024 passed in Crl.M.P.No.4602 of 2024 by the Judicial Magistrate, Aundipatti, is hereby set aside and the vehicle Tipper Lorry bearing Reg.No.TN-72-AM-5216, 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 :

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(i) the petitioner shall deposit a sum of Rs.40,000/- (Rupees Forty Thousand only) as nonrefundable deposit for the said 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;

(ii) On such deposit, the petitioner shall execute a bond for a sum of Rs.6,00,000/- (Rupees Six Lakhs only), with two sureties for a likesum to the satisfaction of the Judicial Magistrate, Aundipatti; (iii) the vehicle shall be photographed in different angle and the engine and chassis number shall also be photographed in the presence of the Head Clerk of the Judicial Magistrate, Aundipatti at the cost of the petitioner and the petitioner's signature to be obtained in the backside of the photographs, and the said photographs and CD shall be kept in the case bundle for the purpose of marking them as material objects during trial;

(iv) the petitioner shall deposit the original Registration Certificate of the vehicle before the Judicial Magistrate, Aundipatti;

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(v) the petitioner shall not alienate and shall not alternate the physical features of the vehicle till the disposal of the case;

(vi) the petitioner shall produce the vehicle before the Court and before the respondent police as and when required;

18.11.2024 mkn NCC : Yes / No Index : Yes / No Internet : Yes / No To 1.The Judicial Magistrate, Aundipatti 2.The Sub Inspector of Police, Andipatti Police Station, Theni District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P.VADAMALAI, J.

mkn 18.11.2024 7/7