Jeyakaran v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.01.2025
CORAM
THE HONOURABLE MR.JUSTICE P.VADAMALAI Jeyakaran ... Petitioner Vs.
State rep.by The Inspector of Police, Srirangam Police Station (L & O), Trichy City.
(Crime No.341 of 2024) ... Respondent PRAYER : Criminal Revision Petition filed under Section 438 r/w 442 of BNSS, to set aside the order dated 08.11.2024 passed in Cr.M.P.No.3858 of 2024 on the file of the learned District Munsif cum Judicial Magistrate, Srirangam, Trichy District.
For Petitioner : Mr.S.Sathyachidambaram For Respondent : Mr.M.Vaikkam Karunanithi Government Advocate (Crl. Side)
ORDER
The Criminal Revision Case is directed against the order, dated 06.01.2025, passed in Cr.M.P.No.3858 of 2024 on the file of the learned 1/7
District Munsif cum Judicial Magistrate, Srirangam dismissing the petition filed under Section 451 read with Section 457 of Cr.P.C.
2. The petitioner claims to be the owner of the vehicle TATA 407 Heavy Duty Tipper bearing Registration No.TN-76-E-6723. On 09.04.2024, the respondent police seized the vehicle on the ground that the vehicle was used for transporting 2 units of river sand without any valid license or permit, and registered a case in Crime No.341 of 2024 for the offence under Section 379 of IPC r/w Section 21(1) of the Mines and Minerals (Development & Regulation) Act.
3. It is not in dispute that the petitioner has approached the learned District Munsif cum Judicial Magistrate, Srirangam by filing a petition for the return of vehicle bearing registration No.TN-76-E-6723 in Cr.M.P.No.3858 of 2024, and the learned District Munsif cum Judicial Magistrate, Srirangam, vide order dated 08.11.2024, has dismissed the said petition. Aggrieved by the order of dismissal, the petitioner has now come forward with the present revision.
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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 TATA 407 Heavy Duty Tipper bearing Registration No.TN-76-E-6723 is owned by the petitioner, and the said vehicle has no connection whatever with the alleged occurrence, and the vehicle is with the police for the past nine months, and if the vehicle is kept in open place, the value of the said vehicle will get deteriorated. Therefore, interim custody of the vehicle 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 bearing registration No.TN-76-E-6723, and the vehicle was used for transporting two units of river sand. He would further submit that the value of the property comes to Rs.4,00,000/- (Rupees Four Lakhs only). 3/7
7. In this case, the vehicle was seized on 09.04.2024. The vehicle is kept in the open place from 09.04.2024 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 08.11.2024, passed in Cr.M.P.No.3858 of 2024 by the learned District Munsif cum Judicial Magistrate, Srirangam is hereby set aside and the vehicle TATA 407 Heavy Duty Tipper bearing Registration No.TN-76-E-6723 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 : (i) the petitioner is directed to deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) as nonrefundable deposit for the said vehicle to the credit of 4/7
the District Mineral Foundation Trust, Tiruchirappalli District;
(ii) On such deposit, the petitioner shall execute a bond for a sum of Rs.2,50,000/- (Rupees Two Lakhs and Fifty Thousand only) with two sureties for a likesum to the satisfaction of the learned District Munsif cum Judicial Magistrate, Srirangam;
(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 learned District Munsif cum Judicial Magistrate, Srirangam 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 learned District Munsif cum Judicial Magistrate, Srirangam;
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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; and (vi) the petitioner shall produce the vehicle before the Court and before the respondent police as and when required;
06.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No mkn To 1.The learned District Munsif cum Judicial Magistrate, Srirangam, Trichy District.
2.The Inspector of Police, Srirangam Police Station (L & O), Trichy District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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P.VADAMALAI, J.
mkn 06.01.2025 7/7