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Madras High CourtCRL RC(MD)/30/2025allowed

Sivakumar v. The State Of Tamilnadu

2025-01-24Honourable Mr Justice P.Vadamalai7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.01.2025

CORAM

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

State rep.by The Inspector of Police, Kattuputhur Police Station, Trichy District.

(Crime No.166 of 2024) ... Respondent PRAYER : Criminal Revision Petition filed under Section 438 r/w 442 of BNSS, to call for the entire records pertaining to the order passed by the District Munsif-cum-Judicial Magistrate, Thottiyam in Crl.M.P.No. 1069 of 2024 vide order dated 06.09.2024 and quash the same and consequently direct the above said District Munsif-cum-Judicial Magistrate, Thottiyam, to return the petitioner's Bolero Pickup bearing its registration number TN-85-K-3507 in connection with the case in Crime No.166 of 2024 on the file of the respondent police. For Petitioner : Mr.K.Arunraj For Respondent : Mr.M.Vaikkam Karunanithi Government Advocate (Crl. Side) 1/7

ORDER

The Criminal Revision Case is directed against the order, dated 06.09.2024, passed in Crl.M.P.No.1069 of 2024 on the file of the learned District Munsif-cum-Judicial Magistrate, Thottiyam, dismissing the petition filed under Sections 451 and 457 Cr.P.C.

2. The petitioner claims to be the owner of the vehicle Bolero Pickup bearing Registration No.TN-85-K-3507. On 10.06.2024, the respondent police seized the vehicle on the ground that the vehicle was used for transporting 1/2 unit of river sand without any valid license or permit, and registered a case in Crime No.166 of 2024 for the offence under Section 379 of IPC 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 learned District Munsif-cum-Judicial Magistrate, Thottiyam by filing a petition for the return of vehicle bearing registration No.TN-85-K-3507 in Crl.M.P.No.1069 of 2024, and the learned District Munsif-cum-Judicial Magistrate, Thottiyam vide his order, dated 06.09.2024, has dismissed 2/7

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 Bolero Pickup bearing Registration No.TN-85-K-3507 is owned by the petitioner, and the vehicle is with the police for the past seven months, and if the vehicle is kept in open place, the value of the said vehicle will get deteriorated. Further, he would submit that the original RC Book of this vehicle is already under the custody of the trial Court. 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-85-K-3507, and the vehicle was used 3/7

for transporting 1/2 unit of river sand. He would also submit that the petitioner and his vehicle were already involved in one previous case, which was registered in Crime No.145 of 2022. The vehicle was seized by the respondent police and thereafter, interim custody of the vehicle was granted to the petitioner by the learned Principal District and Sessions Judge, Tiruchirappalli, in Crl.M.P.No.2745 of 2022, for which, original RC Book of the vehicle was produced by the petitioner before the trial Court and the same is now under the custody of the trial Court.

7. In this case, the vehicle was seized on 10.06.2024. The vehicle is kept in the open place from 10.06.2024 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 overall 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].

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8. Accordingly, this Criminal Revision Case is allowed, and the order, dated 06.09.2024, passed in Crl.M.P.No.1069 of 2024 by the learned District Munsif-cum-Judicial Magistrate, Thottiyam, is hereby set aside and the vehicle Bolero Pikup bearing Reg.No.TN-85-K-3507 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.25,000/- (Rupees Twenty Five Thousand only) as non-refundable deposit for the said vehicle to the credit of 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 Fifty Thousand only) with two sureties for a likesum to the satisfaction of the learned District Munsif-cumJudicial Magistrate, Thottiyam; (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, Thottiyam at the cost of the petitioner and the petitioner's signature to be obtained in the backside 5/7

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 not alienate and shall not alternate the physical features of the vehicle till the disposal of the case; and (v) the petitioner shall produce the vehicle before the Court as and when required.

9. Since the original RC Book of the aforesaid vehicle is already under the custody of the trial Court, the same can be kept until disposal of the present case also.

24.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No VSD To 1.The District Munsif-cum-Judicial Magistrate, Thottiyam

2. The Inspector of Police, Kattuputhur Police Station, Trichy District.

(Crime No.166 of 2024) 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P.VADAMALAI, J.

VSD Crl.R.C.(MD)No.30 of 2025 24.01.2025 7/7