D.Rahul vs State Rep. By
2021 Latest Caselaw 22370 Mad

                                                                                  Crl.R.C.(MD)No.815 of 2021



                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                      DATED: 15.11.2021

                                                           CORAM:

                                    THE HONOURABLE MRS.JUSTICE R.THARANI

                                                 Crl.R.C.(MD)No.815 of 2021

                     D.Rahul                                                          ... Petitioner/
                                                                                          Petitioner
                                                                 vs.
                     State rep. by
                     The Inspector of Police,
                     Tiruchendur Police Station,
                     Thoothukudi District.
                     (Crime No.195 of 2021)                                          ... Respondent/
                                                                                         Respondent

                     PRAYER : Criminal Revision Petition is filed under Section 397 r/w 401
                     of the Code of Criminal Procedure, to call for the records pertaining to
                     order passed in Crl.M.P.No.842 of 2021 on the file of the learned Judicial
                     Magistrate, Tiruchendur, dated 27.10.2021 and set aside the same by
                     allowing the revision petition.

                                        For Petitioner   : Mr.R.Pon Karthikeyan

                                        For Respondent : Ms.Asha
                                                         Government Advocate

                                                          ORDER

This Criminal Revision has been filed to set aside the order passed

in Crl.M.P.No.842 of 2021 on the file of the Judicial Magistrate,

Tiruchendur, dated 27.10.2021.

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Crl.R.C.(MD)No.815 of 2021

2. A two wheeler viz., YAMAHA Cygnus Ray ZR-M Cycle,

bearing Registration No.TN-92-F-1634 was seized by the respondent

police in Crime No.195 of 2021 for the offences under Sections 4(1)(a),

4(1)(i) and 14A of Tamilnadu Prohibition Act. The petitioner claiming

himself as the owner of the vehicle filed a petition in Crl.M.P.No.842 of

2021 before the Judicial Magistrate, Tiruchendur, for temporary return of

the vehicle. 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 petition filed by

the petitioner was dismissed only on the ground that confiscation

proceedings is pending. The pendency of the confiscation proceedings is

not a bar for return of the vehicle. To substantiate this contention the

learned counsel for the petitioner relied upon a judgment of this Court in

Crl.R.C.No.501 of 2011 (Sakthidevi vs. State) dated 07.04.2011 and

another judgment of this Court reported in 2016 (2) MLJ (Crl) 320

(Vennila vs. State).

4. On the side of the prosecution, it is stated that the motor vehicle

was used for transporting 70 numbers of Day Night Brandy (180 ml).

The petitioner is a witness in the case. Confiscation proceedings are

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Crl.R.C.(MD)No.815 of 2021

pending. If the vehicle is returned to the petitioner, there is a possibility

of the vehicle to be used for commission of the similar offence and

prayed the petition to be dismissed.

5. The petitioner is not an accused in the case. If the vehicle is kept

in the open place, the value of the vehicle will be deteriorated. In the

above circumstances, this Court is inclined to return the vehicle for

interim custody, subject to the confiscation proceedings on the following

conditions:-

(i) The petitioner shall deposit the original Registration Certificate of the vehicle before the Judicial Magistrate, Tiruchendur;

(ii) The petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties before the Judicial Magistrate, Tiruchendur, within a period of four weeks from the date of receipt of a copy of this order;

(iii) The petitioner shall not alienate and shall not make any alterations in the vehicle;

(iv) The petitioner shall produce the vehicle before the Court and before the respondent as and when required by the Court and by the respondent and this order is subject to the final order to be passed in the confiscation proceedings.

https://www.mhc.tn.gov.in/judis

Crl.R.C.(MD)No.815 of 2021

6. This Criminal Revision Petition is allowed.

15.11.2021 Index : Yes/No Internet : Yes/No csm/mga

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 Judicial Magistrate, Tiruchendur.

2. The Inspector of Police, Tiruchendur Police Station, Thoothukudi 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.815 of 2021

R.THARANI, J.

csm/mga

Crl.R.C.(MD)No.815 of 2021

15.11.2021

https://www.mhc.tn.gov.in/judis