Madras High Court
Jesu Michael vs The State Represented By S.H.O on 1 December, 2021
Crl. R.C.(MD)No.420 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 01.12.2021
CORAM
THE HONOURABLE MRS. JUSTICE R. THARANI
Crl. R.C.(MD)No.420 of 2021
Jesu Michael .. Petitioner
Vs.
The State represented by S.H.O.
Dhanushkodi Police Station,
In Crime No.21 of 2021. .. Respondent
Prayer : This criminal revision case is filed under Sections 397 and 401 of
Cr.P.C., to call for the records pertaining to the order passed in Cr.M.P.No.
1047 of 2021, dated 05.04.2021, on the file of the District Munsif cum Judicial
Magistrate, Rameshwaram and to set aside the same and hand over the Boat
bearing No.IND-TN-10-MM-356 as interim custody to the petitioner.
For Petitioner : Mr.D.Balamurugapandi
For Respondent : Mrs.K.Asha
Government Advocate
ORDER
This revision has been filed to set aside the order passed in
Cr.M.P.No.1047 of 2021, dated 05.04.2021, on the file of the District Munsif
cum Judicial Magistrate, Rameshwaram and to hand over the Boat bearing
No.IND-TN-10-MM-356 for interim custody to the petitioner.
https://www.mhc.tn.gov.in/judis
Crl. R.C.(MD)No.420 of 2021
2.A Boat bearing registration No.IND-TN-10-MM-356 was seized
by the respondent police in Crime No.21 of 2020, under Sections 14(c) of
Foreigners Act, Section 3 (a) r/w. Section 6(a) of Passport Act and Section 111
(b) of Customs Act. The petitioner claiming himself as the owner of the
property/Boat filed a petition for return of the vehicle in Cr.M.P.No.1047 of
2021 before the District Munsif cum Judicial Magistrate, Rameshwaram. That
petition was dismissed by the trial Court. Against the same, the petitioner has
preferred this Revision.
3.On the side of the petitioner, it is stated that the vehicle was seized
by the respondent police on 07.03.2020 and is kept idle for the past two years.
Keeping the Boat idle for two years, will make a vehicle useless. The Boat is
the only livelihood of the petitioner and family members. The petitioner is not
an accused in the case and prayed the vehicle to be returned to the petitioner.
A judgment of the Hon'ble Supreme Court reported in 2003-1-C.T.C.175
(Sunderbhai Ambalal Desai and C.M.Mudaliar V. State of Gujarat) is cited
on the side of the petitioner.
4.On the side of the prosecution, it is stated that totally seven
accused involved in an offence. The accused Nos.1 to 4 are Tamilians and the
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Crl. R.C.(MD)No.420 of 2021
Accused Nos.5 to 7 belong to Srilankans. Two Boats were seized by the
respondent police. One of the Boat is having Tamilnadu Registration and the
other Boat was registered in Srilanga. The accused Nos.1 and 2 are the sons of
the petitioner. Only with the knowledge of the petitioner, Accused Nos.1 and 2
used the Boat for smuggling gold and other things. 3.5 Kgs of gold was seized
from the Boat. If the Boat is returned to the petitioner, there is a possibility of
altering the vehicle and tampering the witnesses and prayed the petition to be
dismissed.
5. It is seen that the vehicle / Boat was seized by the respondent
police on 07.03.2020 and is kept idle till now. Keeping the vehicle/ Boat idle,
will make it useless. The petitioner is not an accused in the case.
6.In the above circumstances, this Court is inclined to allow the
Revision. Accordingly, this Criminal Revision Case is allowed and the order
passed in Cr.M.P.No.1047 of 2021, dated 05.04.2021, on the file of the District
Munsif cum Judicial Magistrate, Rameshwaram Thoothukudi District, is
hereby set aside and the property/Boat 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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Crl. R.C.(MD)No.420 of 2021
(i) The petitioner is directed to deposit the
original Registration Certificate before the District Munsif
cum Judicial Magistrate, Rameshwaram Thoothukudi
District,
(ii)The petitioner shall deposit a sum of
Rs.1,00,000/- (Rupees One Lakh only) to the credit of
Crime No.21 of 2020, on the file of the District Munsif
cum Judicial Magistrate, Rameshwaram Thoothukudi
District, within a period of four weeks from the date of
receipt of a copy of this order along with a bond for a sum
of Rs.5,00,000/- (Rupees Five Lakhs only) with two
sureties for a like sum;
(iii)The petitioner shall not hypothecate or
alienate the Boat and shall not make any alterations in the
Boat.
(iv)The petitioner shall produce the Boat before
the Court and before the respondent as and when required,
by the Court and by the respondent.
(v) The petitioner is directed to execute an
undertaking affidavit not to use the Boat for any illegal
purpose.
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Crl. R.C.(MD)No.420 of 2021
7. If the vehicle is used for any illegal purpose, the order of return of
property, automatically, shall stand cancelled.
01.12.2021
Index : Yes/No
Internet : Yes/No
Ls
NOTE: In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for official
purposes, but, ensuring that the copy of the order that is presented is
the correct copy, shall be the responsibility of the advocate/litigant
concerned.
To
1.The District Munsif cum Judicial Magistrate,
Rameshwaram.
2.The S.H.O.
Dhanushkodi Police Station,
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl. R.C.(MD)No.420 of 2021
R. THARANI, J.
Ls
Crl. R.C.(MD)No.420 of 2021
01.12.2021
https://www.mhc.tn.gov.in/judis
