Madras High Court
Nanthagopal vs The District Collector on 27 July, 2021
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated: 27.07.2021
CORAM
THE HONOURABLE MRS. JUSTICE T.KRISHNAVALLI
Crl.RC(MD)No.349 of 2021
Nanthagopal : Petitioner/Petitioner/
Petitioner
Vs.
1.The District Collector,
Dindigul District, Dindigul.
2.The Revenue Divisional Officer,
Dindigul, Dindigul District.
3.The Assistant Director,
Department of Geology and Mines & Minerals,
Dindigul District.
4.The Tahsildar,
Dindigul West Taluk,
Dindigul District.
5.The State
Represented by its
The Sub Inspector of Police,
Dhadikombu Police Station,
Dindigul District.
(Crime No.835 of 2020) : Respondent/Respondent/
Complainant
Prayer: Criminal Revision filed under sections 397 r/w
401 of the Code of the Criminal Procedure against the order, dated
04.12.2020 made in Crl.MP No.2115 of 2020 on the file of the
Principal District Sessions Judge, Dindigul and to release the
petitioner's vehicle namely Tipper Lorry TN-81-B-6350.
https://www.mhc.tn.gov.in/judis/
2
For Petitioner : Mr.Ramakrishnan
for Mr.G.Sivaraja
For Respondents : Mr.P.Kottaichamy
Government Advocate (Crl. side)
JUDGMENT
This criminal revision is directed against the order, dated
04.12.2020 made in Crl.MP No.2115 of 2020 on the file of the
Principal District Sessions Judge, Dindigul and to release the
petitioner's vehicle namely Tipper Lorry TN-81-B-6350.
2.It is the case of the petitioner that he is the owner of the
alleged vehicle (Tipper Lorry TN-81-B-6350) and his vehicle was
seized on the ground that it was involved in transportation of illegal
sand without any valid permit and in this connection, the 5 th
respondent police registered a case in Crime No.835 of 2020 for
the alleged offence under section 379 of IPC and 21(1) of Mines
and Minerals (Development and Regulation) Act, 1957 and
subsequently, the 5th respondent police seized the vehicle and
thereafter, the petitioner filed WP(MD)No.8503 of 2020 before this
court, which was dismissed with a direction to the 5th respondent
Police to produce the vehicle before the jurisdiction Court forthwith
and also directed the petitioner to file an application for interim
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custody. The petitioner filed Crl.MP No.1113 of 2020 on the file of
the Principal Sessions Judge, Dindigul, for interim custody of the
vehicle. The learned Judge, by order, dated 14.10.2020, allowed the
petition and directed the Judicial Magistrate No.II, Dindigul to
release the Tipper Lorry TN-81-B-6350 to the petitioner after strict
compliance. Seeking modification of the condition in respect of
depositing the RC Book of the vehicle in question I.e. Tipper Lorry
TN-81-B-6350 to the learned Judicial Magistrate No.II, Dindigul,
the petitioner filed Crl.MP No.2115 of 2020 on the file of the
Principal Sessions Judge, Dindigul. The said petition was dismissed,
on 04.12.2020 and thereby, the earlier passed in Cr.M.P No.1113 of
2020 has been recalled. Aggrieved over the same, the petitioner is
before this court.
3.Heard both sides and perused the materials available on
record.
4.It is the main contention of the petitioner that as per the
conditional order passed in Crl.MP No.1113 of 2020, dated
14.10.2020, he deposed a sum of Rs.1,00,000/- before the District
Mines and Minerals Foundation Trust, Dindigul, on 23.10.2020 and
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obtained acknowledgement receipt, on 27.10.2020 and the
conditional order imposed by the court below is onerous.
5.It is seen from the records that the petitioner filed a
petition in Crl.M.P No.1113 of 2020 for return of vehicle. The said
petition was allowed, on 14.10.2020 and subsequently, the
petitioner filed the petition in Crl.MP No. 2115 of 2020 for
modification of the order. But the learned Principal Sessions Judge,
Dindigul dismissed the petition, on 04.12.2020 and also recalled the
earlier order passed in Crl.MP No.1113 of 2020, dated 14.10.2020
as the petitioner obtained the order suppressing the factum of
WP(MD)No.1875 of 2020, dated 30.01.2019.
6.It is also seen from the records that as per the
conditional passed in Crl.MP No.1113 of 2020, dated 14.10.2020,
the petitioner deposed a sum of Rs.1,00,000/- before the District
Mines and Minerals Foundation Trust, Dindigul as non-refundable
deposit, on 23.10.2020 and obtained acknowledgement receipt on
27.10.2020. In view of the above circumstances, this court is of the
view that the impugned order, dated 04.12.2020 is liable to be set
aside and the matter is remitted back to the trial court for fresh
disposal.
https://www.mhc.tn.gov.in/judis/
7.In the result, this Criminal Revision is allowed. The
impugned order, dated 04.12.2020 passed in Crl.MP No.2115 of
2020 by the Principal District Sessions Judge, Dindigul, is set aside.
The matter is remitted back to the Principal Sessions Judge,
Dindigul to dispose of the petition Crl.MP No.2115 of 2020 afresh
purely on merits and in accordance with law, after giving
opportunity to the parties concerned, within a period of four weeks
from the date of receipt of this order copy.
27.07.2021
Index:Yes/No
Internet:Yes/No
er
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.
https://www.mhc.tn.gov.in/judis/
T.KRISHNAVALLI,J
er
To,
1.The Principal Sessions Judge,
Dindigul.
2.The District Collector,
Dindigul District.
3.The Revenue Divisional Officer,
Dindigul District.
4.The Assistant Director,
Department of Geology and Mines & Minerals,
Dindigul District.
5.The Tahsildar,
Dindigul West Taluk,
Dindigul District.
6.The Sub Inspector of Police,
Dhadikombu Police Station,
Dindigul District.
Crl.RC(MD)No.349 of 2021
27.07.2021
https://www.mhc.tn.gov.in/judis/
