Madras High Court
Ravikumar vs State Rep. on 9 March, 2021
Crl. R.C.(MD)No.218 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 09.03.2021
CORAM
THE HONOURABLE MRS. JUSTICE R. THARANI
Crl. R.C.(MD)No.218 of 2021
Ravikumar .. Petitioner
Vs.
State rep., by
The Inspector of Police,
CSCID, Uthamapalayam,
Theni District.
(In Crime No.03/2020) .. Respondent
Prayer : This criminal revision case is filed under Sections 397 read with 401 of
Cr.P.C., to call for the records in Crl.M.P.No.592 of 2020 on the file of the learned
Judicial Magistrate, Uthamapalayam dated 12.02.2020 and consequently, direct the
respondent police to hand over the vehicle (Mahendra Logan Dlx car-TN 76 J 7943
to the petitioner within the time stipulated by this Court.
For Petitioner : Mr.R.Venkatesan
For Respondent : Mrs.S.Bharathi
Government Advocate (Crl. Side)
ORDER
This petition has been filed to set aside the order made in Crl.M.P.No.592
of 2020 on the file of the learned Judicial Magistrate, Uthamapalayam dated
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Crl. R.C.(MD)No.218 of 2021
12.02.2020 and consequently, direct the respondent police to hand over the vehicle
(Mahendra Logan Dlx car-TN 76 J 7943 to the petitioner within the time stipulated
by this Court.
2.The vehicle (Mahendra Logan Dlx car) bearing Registration No.TN 76 J
7943 was seized by the respondent police in connection with Crime No.03 of 2020.
The petitioner claiming himself as the owner of the vehicle filed a petition in
Cr.M.P.No.592 of 2020. The learned Judicial Magistrate, Uthamapalayam,
dismissed the said petition on 12.02.2020. Against the same, the petitioner has
preferred this revision.
3.On the side of the petitioner, it is stated that the vehicle was kept in the
custody of the police from 12.02.2020 onwards. Exposure to the climatic condition
may cause the vehicle useless. The vehicle is the only livelihood of the petitioner
and prayed the vehicle to be returned to the petitioner for safe custody.
4.On the side of the respondent, it is stated that the petitioner is the
accused in the case. The vehilce was seized for transporting PDS rice. The
confiscation proceedings were initiated and the vehicle was produced before the
Revenue Divisional Officer for confiscation. The confiscation proceedings is
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Crl. R.C.(MD)No.218 of 2021
pending for valuation report. This Court has already observed that the vehicle
should be not returned to the owner, when the confiscation proceedings were
pending. A judgment of this Court passed in Crl.R.C.No.301 of 2015 is cited.
4.There is no dispute regarding the ownership of the vehicle. Keeping a
vehicle idle will make the vehilce useless.
5.In the above circumstances, the vehicle is ordered to be returned to the
petitioner for interim safe custody on the following conditions subject to the
confiscation proceedings pending before the District Revenue Officer:
(i)The petitioner shall deposit the original Registration
Certificate of the vehicle with the learned Judicial Magistrate,
Uthamapalayam ;
(ii) the petitioner shall deposit a sum of Rs.50,000/-
(Rupees Fifty Thousand only) to the credit of Crime No.3 of 2020
on the file of the learned Judicial Magistrate, Uthamapalayam,
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.2,00,000/-
(Rupees Two Lakhs only) with two sureties for a like sum;
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Crl. R.C.(MD)No.218 of 2021
(iii)The petitioner is hereby directed to file an
undertaking affidavit not to involve the vehicle in commission of
any offence including similar offence in future.
(iv)The petitioner shall not alienate and shall not make
any alteration in the vehicle;
(v)The petitioner shall produce the vehicle before the
Court and before the respondent as and when required. This
order is subject to the final order to be passed in the confiscation
proceedings.
6.With the above direction, this Criminal Revision Case is allowed.
09.03.2021
Index : Yes/No
Internet : Yes/No
rmk
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.
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Crl. R.C.(MD)No.218 of 2021
To
1.The Judicial Magistrate, Uthamapalayam.
2.The Inspector of Police,
CSCID, Uthamapalayam,
Theni District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl. R.C.(MD)No.218 of 2021
R.THARANI, J.
rmk
Crl. R.C.(MD)No.218 of 2021
09.03.2021
http://www.judis.nic.in
