Bhera Ram vs The State Rep. By
2024 Latest Caselaw 21402 Mad

Citation : 2024 Latest Caselaw 21402 Mad
Judgement Date : 11 November, 2024

Madras High Court

Bhera Ram vs The State Rep. By on 11 November, 2024

                                                                                       Crl.R.C.No.1749 of 2024


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                        DATED : 11.11.2024

                                                             CORAM

                                      THE HONOURABLE MR.JUSTICE SUNDER MOHAN

                                                    Crl.R.C.No.1749 of 2024

                     Bhera Ram                                         ... Petitioner/Vehicle owner

                                                               Vs.
                     The State rep. by
                     The Inspector of Police,
                     HUDCO Police Station,
                     Hosur, Krishnagiri District.
                     Crime No.474/2023.                                ...Respondent/Complainant


                     PRAYER: Criminal Revision Petition filed under Section 438 r/w 442 of the
                     BNSS, to call for the records in Crl.M.P.No.3021/2024 dated 27.08.2024 on
                     the file of the Judicial Magistrate – II, Hosur, setaside the same and direct
                     the respondent police to return the vehicle MARUTI SWIFT DZIRE VDI
                     BS4, Silver Colour Reg.No.GJ35B1317 to the petitioner.

                                       For Petitioner      : Mr.S.Sheik Thanveer Ahamed

                                       For Respondent      : Mr.V.J.Priyadarsana
                                                             Government Advocate (Crl.Side)


                                                             ORDER

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

The petitioner/owner of the vehicle aggrieved by the dismissal of his

petition filed under Section 451 of Cr.P.C. for return of his car seized during

investigation in Crime No.474 of 2023 registered for the offence under

Section 6, 20(1) of the COTPA Act, 2003, 328 of the IPC and 4(1)(a) of the

Tamil Nadu Prohibition Act.

2. The learned counsel for the petitioner would submit that the car

was seized on 10.12.2023, and kept idle at the Police Station; that since the

petitioner is the owner of the vehicle, he would be entitled to the interim

custody of the vehicle in view of the Judgment of the Hon'ble Supreme Court

in Sunderbhai Ambalal Desai and others vs. State of Gujarth in Special

Leave Petition (Crl.)2745 of 2022 dated 01.10.2002.

3. The learned Government Advocate (Crl.Side) for the respondent,

per contra, submitted that the contraband namely 48 pouches of 180 ml

Bangalore whisky worth about Rs.1,38,122/- was seized from the petitioner

along with the MARUTI SWIFT DZIRE VDI BS4, Silver Colour

Reg.No.GJ35B1317.

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

4. The learned Government Advocate (Crl.Side) for the respondent,

further submitted that the confiscation proceedings have been initiated on

09.01.2024 and further action is yet to be taken and the authorities are

awaiting the valuation report of the vehicle.

5. Though confiscation proceedings were initiated, further action is

yet to be taken. Therefore, considering the fact that the vehicle was seized as

early as on 10.12.2023 and it is kept idle in the police station in an open

place and would lose its value, this Court is of the view that the vehicle can

be returned to the petitioner on stringent conditions subject to the result of

the confiscation proceedings.

6.Accordingly, this Criminal Revision Case is allowed and the

impugned order dated 27.08.2024 passed by the learned Judicial Magistrate

No. II, Hosur, in Crl.M.P.No.3021 of 2024 in Crime No. 474 of 2023 is set

aside. In view of the same, the respondent police are directed to return the

vehicle, MARUTI SWIFT DZIRE VDI BS4, Silver Colour, bearing

Reg.No.GJ35B1317 to the petitioner on the following conditions:

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

(i) The petitioner shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with one surety to the satisfaction of the learned Judicial Magistrate No.II, Hosur;

(ii) The petitioner shall produce the original RC Book along with a self-attested Photostat copy of the RC Book of the vehicle and other relevant records to prove his ownership. The learned Judicial Magistrate No.II, Hosur, shall peruse the RC book and other records, retain a xerox copy of the same and return the original RC book to the petitioner;