Madras High Court
Jeya @ Jeyapandi vs The Inspector Of Police on 6 December, 2021
Crl. R.C.(MD)No.888 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.12.2021
CORAM
THE HONOURABLE MRS. JUSTICE R. THARANI
Crl. R.C.(MD)No.888 of 2021
Jeya @ Jeyapandi .. Petitioner
Vs.
1.The Inspector of Police,
Thanjavur West Police Station,
Thanjavur District.
(Crime No.134 of 2021)
2.Kumar
3.Pandiyammal
4.Sankar alias Sankarganesh
5.Haripandi
6.Annapillai ..Respondents
Prayer : This Revision Case is filed under Section 397 r/w. Section 401 of
Cr.P.C., to call for the records relating to the order, dated 26.10.2021, passed
in Cr.M.P.No.995 of 2021, on the file of the Additional District Judge /
Presiding Officer, Special Court under Essential Commodities Act, Thanjavur
and to set aside the same and to return the vehicle bearing Registration
No.TN-49-CA-5762.
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Crl. R.C.(MD)No.888 of 2021
For Petitioner : Mr.J.Selvam
For R-1 : Mrs.M.Aasha
Government Advocate
ORDER
This Criminal Revision has been filed to call for the records relating
to the order, dated 26.10.2021, passed in Cr.M.P.No.995 of 2021, on the file of
the Additional District Judge / Presiding Officer, Special Court under
Essential Commodities Act, Thanjavur and to set aside the same and to return
the vehicle.
2. A vehicle, viz.,Volkswagen Vento Car, bearing Registration
No.TN-49-CA-5762 was seized by the first respondent, in Crime No.134 of
2021, under Sections 8(c), 20(b)(ii)(C) and 29(1) of NDPS Act. The petitioner
claiming himself as the owner of the vehicle filed a petition in Cr.M.P.No.995
of 2021 before the Additional District Judge/ Presiding Officer, Special Court
under Essential Commodities Act, Thanjavur, for temporary return of the
vehicle. That petition was dismissed by the Special Court, Thanjavur. Against
the order, the petitioner has filed this Criminal Revision.
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Crl. R.C.(MD)No.888 of 2021
3. On the side of the petitioner, it is stated that the petitioner is the
registered owner of the vehicle and the vehicle was seized on 19.02.2021.
If the vehilce is kept idle, it will loss its value and prayed the vehicle to be
returned to the petitioner for interim custody. In this regard, the learned
counsel for the petitioner has relied upon a judgment of this Court in Crl.R.C.
(MD)No.10 of 2021, [Chandran Vs. State rep. By, the Sub Inspector of
Police,] dated 25.01.2021.
4. On the side of the prosecution, it is sated that the vehicle was
seized by the first respondent for transporting 22 ½ Kgs of Ganja. Totally six
accused involved in the offence. The petitioner herein is A2 and the accused
persons were arrested. If the vehicle is released by way of interim custody,
there is a possibility of the vehicle being used for commission of similar
offence again and hence, prayed the petition to be dismissed.
5.The offence is serious in nature. The case cited by the petitioner
in Cr. R.C.(MD)No.10 of 2021, dated 25.01.2021, is regarding only a
modification of a condition and the facts are not similar to the present case.
The petitioner is one of the accused in the case. Considering the nature of the
case and considering the involvement of the petitioner in the case and also
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Crl. R.C.(MD)No.888 of 2021
considering the fact that there is a possibility of the vehicle being used for
commission of similar offence again, this Court is not inclined to release the
vehicle.
6. Hence, this Criminal Revision Case is dismissed.
06.12.2021
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 Additional District Judge / Presiding Officer,
Special Court under Essential Commodities Act,
Thanjavur.
2.The Inspector of Police,
Thanjavur West Police Station,
Thanjavur District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl. R.C.(MD)No.888 of 2021
https://www.mhc.tn.gov.in/judis
Crl. R.C.(MD)No.888 of 2021
R.THARANI, J.
Ls
Crl. R.C.(MD)No.888 of 2021
06.12.2021
https://www.mhc.tn.gov.in/judis
