Madras High Court
Vijayalakshmi vs State Rep. By on 10 August, 2023
Crl.R.C.(MD).No.863 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :10.08.2023
CORAM
THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN
Crl.R.C.(MD).No.863 of 2023
Vijayalakshmi ... Petitioner
Vs.
State Rep. by
The Sub-Inspector of Police,
Kovilpatti Prohibition Enforcement Wing,
Thoothukudi District,
In Crime No.335/2023. ... Respondent
PRAYER : Petition filed under Section 397 r/w 401 of the Criminal
Procedure Code, to call for the records relating to the order dated
11.07.2023 in Crl.M.P.No.7633 of 2023 in Crime No.335 of 2023 on the file
of the learned Judicial Magistrate No.I, Kovilpatti, set aside the same and
consequently direct the learned Judicial Magistrate No.I, Kovilpatti to
return the vehicle bearing Reg.No.TN-69-BY-1139 to the petitioner.
For Petitioner :Mr.M.Prabu
For Respondent :Mr.Sivakumar
Government Advocate
Page 1 of 5
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Crl.R.C.(MD).No.863 of 2023
ORDER
This Criminal Revision Case has been filed against the impugned
order passed by the learned Judicial Magistrate No.I, Kovilpatti in
Crl.M.P.No.7633 of 2023, dated 11.07.2023.
2. The petitioner is the owner of the vehicle bearing registration
No.TN-69-BY-1139. According to the petitioner, the said vehicle was
involved for transporting the illicit arrack on 04.06.2023. Therefore, the
respondent police has registered a case against one Vetrivel, who said to
have driver the vehicle of the petitioner for possessing illicit arrack.
3. The petitioner, who is the owner of the vehicle, filed a petition
under Section 451 and 457 of Cr.P.C., to seek interim custody of the vehicle
citing the reasons stated in the petition filed before the learned Judicial
Magistrate No.I, Kovilpatti in Cr.M.P.No.7633 of 2023.
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Crl.R.C.(MD).No.863 of 2023
4. The said petition was dismissed by the learned Judicial
Magistrate No.I, Kovilpatti stating that the confiscation proceeding was
already initiated by relying the judgment of M.P.Vs. Uday Singh reported
in 2020 (12) SCC 733 and also following the decision of this Court in
M/s.Friends Brothers Vs. State Rep. by the Inspector of Police.
5. The learned counsel for the petitioner submits that even though
the confiscation proceedings are initiated, the petitioner is entitled to seek
return of vehicle under Section 451 of Cr.P.C.,
6. The learned Government Advocate (Crl.side) appearing for the
respondents on instructions submitted that already confiscation proceedings
has been initiated and completed by the competent officer under the Tamil
Nadu Prohibition Act, by order dated 04.08.2023.
7. According to the petitioner, the same was not communicated to
the petitioner, hence, this Court directs the learned Government Advcoate
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Crl.R.C.(MD).No.863 of 2023
(Crl.side) to serve the Xerox copy of the said order to the petitioner in order
to agitate before the appropriate forum.
8. With this observations, this Criminal Revision Case is
dismissed.
10.08.2023
NCC :Yes/No
Index :Yes/No
Internet :Yes/No
am
To
1. The Sub-Inspector of Police,
Kovilpatti Prohibition Enforcement Wing,
Thoothukudi District.
2. The Judicial Magistrate No.I,
Kovilpatti.
https://www.mhc.tn.gov.in/judis
Crl.R.C.(MD).No.863 of 2023
K.K.RAMAKRISHNAN, J.
am
Crl.R.C.(MD).No.863 of 2023
10.08.2023
https://www.mhc.tn.gov.in/judis
