Madras High Court
Murugan vs State Through on 6 January, 2022
Crl. R.C.(MD)No.930 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 06.01.2022
CORAM
THE HONOURABLE MRS. JUSTICE R. THARANI
Crl. R.C.(MD)No.930 of 2021
Murugan .. Petitioner
Vs.
State through,
the Inspector of Police,
Aviyur Police Station,
Virudhunagar District.
(Crime No.121 of 2021) .. Respondent
Prayer : This criminal revision case is filed under Sections 397 r/w. 401 of Cr.P.C.,
to call for the entire records relating to the order in Cr.M.P.No.6990 of 2021 dated
22.11.2021 passed by the learned Judicial Magistrate No.II, Virudhunagar, and to set
aside the same as illegal consequently to directing the respondent to return the
vehicle namely BAJAJ CT 110 bearing registration No.TN-67-BL-4956 to the
petitioner.
For Petitioner : Mr.S.Malaikani
For Respondent : Mrs.M.Aasha, Government Advocate
ORDER
This petition has been filed to set aside the order passed in Cr.M.P.No.
6990 of 2021 dated 22.11.2021, on the file of the learned Judicial Magistrate No.II,
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Crl. R.C.(MD)No.930 of 2021
Virudhungar.
2.The two wheeler bearing registration No.TN-67-BL-4956 was seized by
the respondent police in Crime No.121 of 2021 under Section 4(1)(a) and 14(A) of
Tamil Nadu Prohibition Act. The petitioner has filed a petition in Cr.M.P.No.6990 of
2021 before the learned Judicial Magistrate No.II, Virdhunagar. The petition was
dismissed by the trial Court. Against which, the petitioner has preferred this Criminal
Revision Case.
3.On the side of the petitioner, it is stated that under Section 14(4) of Tamil
Nadu Prohibition Act, the confiscation can be done only after the Court convicted
the petitioner. The commission of offence is to be decided by the Court. The power
is vested with the Court and not with the authorities to decide whether the
commission of offence is made out. On the date of FIR itself, the chargesheet was
filed. Instead of waiting for the decision of the Court, the respondent has no authority
to pass an order of confiscation and prayed the vehicle to be returned to the
petitioner.
4.On the side of the petitioner, it is further stated that the vehicle was left
in the open space from 15.10.2021 onwards. The value of the vehicle will be
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Crl. R.C.(MD)No.930 of 2021
deteriorated on the exposure to the climatic conditions and prayed the vehicle to be
returned to the petitioner for interim custody.
5.On the side of the respondent, it is stated that the Deputy Superintendent
of Police is having the power to confiscate the vehicle. A 1st show cause notice was
sent to the petitioner. The petitioner appeared for enquiry and prayed not to
confiscate the vehicle till he obtained an order from the Court. When the second
show cause notice was sent to the petitioner, he did not appear for the enquiry. The
vehicle was confiscated on 13.11.2021. The petitioner is having the right to file an
appeal before the District Sessions Court and prayed the petition to be dismissed.
6.The learned counsel for the petitioner would rely upon the judgment of
this Court in the case of Thavasilinngam v. State through the Inspector of Police in
Crl.R.C.(MD)No.404 of 2020.
7.The petitioner filed a petition under Section 451 of Cr.P.C., for return of
the vehicle for interim custody. The order for return of the vehicle for interim
custody can be passed by the learned Judicial Magistrate subject to the order passed
in the confiscation proceedings. Now the confiscation proceedings initiated by the
respondent police was over and the order for confiscation was already passed by the
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Crl. R.C.(MD)No.930 of 2021
Deputy Superintendent of Police. It is seen that the citation referred by the petitioner
is the order of this Court wherein confiscation proceedings is pending. Since
confiscation proceedings was over in this case, the citation referred is not applicable
to the present facts of the case. As per confiscation proceedings, the petitioner is at
liberty to file an appeal before the District Sessions Court.
8.In view of the above, the petitioner is at liberty to approach appropriate
forum. With the above observation, this Criminal Revision Case is disposed of.
06.01.2022
Index : Yes/No
Internet : Yes/No
Mrn
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.930 of 2021
To
1.The Judicial Magistrate No.II, Virudhunagar.
2.The Inspector of Police,
Aviyur Police Station,
Virudhunagar District .
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl. R.C.(MD)No.930 of 2021
R.THARANI, J.
MRN
Crl. R.C.(MD)No.930 of 2021
06.01.2021
https://www.mhc.tn.gov.in/judis
