Vijayakumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :10.01.2020

CORAM

THE HONOURABLE MRS. JUSTICE T.KRISHNAVALLI Vijayakumar

...Petitioner/Petitioner

Vs.

State Rep. by The Inspector of Police, Kandavarayanpatti Police Station, Sivagangai District.

(Cirme No.82 of 2019) ... Respondent/Respondent Prayer : This Criminal Revision has been filed under Section 397 r/w 401 of Criminal Procedure Code, to call for the records in Cr.M.P.No.3484 of 2019 on the file of the Principal Sessions Judge, Sivagangai, Sivagangai District and set aside the order dated 03.12.2019 and direct the respondent herein to grant the interim custody of the JCB bearing Registration No.TN-63-BD-1121 and it chassis No.TEP740B2VJ4012935 and its Engine No.4H32021820156, which has been seized by the respondent herein in Crime No.82 of 2019.

For Petitioner : Mr.B.Senthilnathan For Respondent : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.side)

O R D E R

The petitioner claims to be the owner of the JCB, bearing Registration No.TN-63-BD-1121 and it chassis No.TEP740B2VJ4012935 and its Engine No.4H32021820156. According to the petitioner, the alleged vehicle was seized by the respondent on 22.11.2019 in connection with a case in Crime No.82 of 2019 for the offence under Section 21(4) of Mines and Minerals (Development & Regulation) Act, 1957. Seeking return of the said vehicle, the petitioner filed a petition before the learned Principal Sessions Judge, Sivagangai, for interim custody. The learned Principal Sessions Judge, Sivagangai, by order dated 03.12.2019 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.The grievance of the petitioner is that as per the 1/3

General Clauses Act, the Special Court can exercise all the powers of Magistrate, so the Special Court can entertain the petition under Sections 451 and 457 of Cr.P.C. But, the special Court without analyzing the G.O on which it was constituted, has rejected the application. It is well settled that during the pendency of confiscation proceedings, the vehicle needs to be returned to the person, who is entitled to have. This return will have no impact on the confiscation proceeding, as the confiscation proceeding is an independent proceeding.

4.In view of the above, this Criminal Revision is allowed and the order of the learned Principal Sessions Judge, Sivagangai, in Cr.M.P.No.3484 of 2019, dated 03.12.2019, is set aside and the learned Principal Sessions Judge, Sivagangai, is directed to return the vehicle to the petitioner subject to the confiscation proceedings on the following conditions:- (a)The petitioner shall produce the original Registration Certificate of the vehicle;

(b)The petitioner shall deposit a sum of Rs.1,00,000/- (Rupees One lakh only) to the credit of Crime No.82 of 2019 on the file of the learned Principal Sessions Judge, Sivagangai, 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.

5.The Authority under the Tamil Nadu Prohibition Act 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 () // True Copy // / /2020 Sub Assistant Registrar(CS) 2/3

vsd ToT 1.The Principal Sessions Judge, Sivagangai.

2.The Inspector of Police, Kandavarayanpatti Police Station, Sivagangai District.

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

+1 CC to Mr.B.SENTHILNATHAN, Advocate ( SR-1404[F] dated 10/01/2020 ) 10.01.2020 KM/(23.01.2020) 3P 5C 3/3