R.Balamurugan vs The State Rep.By
2021 Latest Caselaw 21023 Mad

                                                                            CRL.O.P.No.18894 of 2021




                               IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 21.10.2021

                                                       CORAM:

                                   THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                                               CRL.O.P.No.18894 of 2021

                     R.Balamurugan                           ...               Petitioner

                                                            Vs

                     The State Rep.by
                     The Inspector of Police,
                     Vennanthur Police Station,
                     Namakkal District.                      ...               Respondent

                     PRAYER: Criminal Original Petition has been filed under Section 482
                     of the Code of Criminal Procedure, to call for the records and to set aside
                     the return docket order dated 09.09.2021 passed by Principal District and
                     Sessions Court, Namakkal, made in C.M.P.No.Nil/2021 in C.P.No.43 of
                     2021 in Crime No.633 of 2021 on the file of Respondent police.
                                      For Petitioner         :     Mr.B.Jawahar

                                      For Respondent         :     Mr.A.Damodaran
                                                                   Addl.Public Prosecutor




                     Page No.1 of 6


https://www.mhc.tn.gov.in/judis/
                                                                                 CRL.O.P.No.18894 of 2021


                                                         ORDER

The petitioner’s grievance is that the Sessions Court,even without

numbering the petition of the petitioner seeking interim custody of the

vehicle, closed the petition with a direction to approach the proper

Forum.

2.The contention of the learned counsel for the petitioner is that

the petitioner is the owner of Tavera car bearing registration No.TN 29

AY9474. The vehicle was searched by the respondent police, 44 bottles

of liquor containing 180ml in each bottle were found from the vehicle.

The petitioner was arrested and the vehicle was seized for transporting

the liquor bottles violating the Tamil Nadu Prohibition Act.

3.The petitioner filed a petition for return of the case property i.e.

Tavera Car before the Judicial Magistrate, Rasipuram in C.M.P.No.1170

of 2021. The Judicial Magistrate, Rasipuram, by order dated on

16.08.2021, recording that the confiscation proceeding was initiated by

ADSP- PWE, Namakkal, on 28.07.2021, hence, this petition is closed

https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.18894 of 2021

with a direction to approach the proper forum. Aggrieved against the

same, the petitioner had filed a Revision before the Principal District and

Sessions Court, Namakkal and the same was not entertained, numbered

and returned for the reason that the respondent police initiated

confiscation proceedings and the confiscation proceeding is pending

before ADSP, Namakkal.

4.The learned counsel for the petitioner submitted that this Court,

in on several occasions, held that pendency of the confiscation

proceeding will not be a bar to return the property involved in prohibition

offence. The only condition was that the return of the property can be

given to the petitioner with condition subject to outcome of the

confiscation proceeding. The petitioner is willing to file an affidavit and

give an undertaking that if the vehicle is returned to the petitioner, it

would be subject to the outcome of the confiscation proceedings. The

petitioner has got a good chance in succeeding in the confiscation

proceeding. He further relied on the judgment of this Court in the case of

Sakthidevi Vs. State by The Inspector of Police, Thittachery Police

https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.18894 of 2021

Station , Nagapattinam District, in Crl.RC.No.501 of 2011, where, this

Court in similar situation directed to return the seized vehicle pending

confiscation proceedings.

5.Finding force in the submission of the learned counsel for the

petitioner and this Court had earlier passed an order in Crl.R.C.No.501 of

2011 in similar situation and considering that the vehicle is now kept in

the open space exposed to vagaries of weather and the vehicle is kept

idle, the value of the vehicle is diminishing day by day and continuing to

keep the vehicle in open area would make it unusable, this Court directs

the District and Sessions Judge to entertain the return of property petition

following the guidelines of this Court and to pass appropriate orders on

merits by giving priority and to conclude the matter preferably within a

period of one month from the date of receipt of a copy of this order.

https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.18894 of 2021

6.With the above direction, the criminal original petition is

disposed of.

7.Registry is directed to return the original criminal revision

petition filed by the petitioner, so that, the petitioner can file the same

before the District and Sessions Court to seek his remedy.

                     Index: Yes/No                                             21.10.2021
                     Internet: Yes/No
                     nr/sms

                     Note: Issue order copy on 22.10.2021

                     To

1.The Principal District and Sessions Court, Namakkal.

2. The Inspector of Police, Vennanthur Police Station, Namakkal District.

3. The Public Prosecutor, High Court, Madras.

M.NIRMAL KUMAR, J.

https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.18894 of 2021

nr/sms

CRL.O.P.No.18894 of 2021

21.10.2021

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