Madras High Court
Nagarajan vs The State Of Tamil Nadu Represented By on 18 June, 2025
Crl.R.C.(MD)No.548 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 18.06.2025
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
Crl.R.C.(MD)No.548 of 2025
Nagarajan ... Petitioner
-vs-
The State of Tamil Nadu Represented by,
The Inspector of Police,
IPREC Virudhunagar Police Station,
Virudhunagar.
(Crime No.1 of 2025) ... Respondent
PRAYER : Criminal Review Case filed under Section 438 r/w. 442 of
BNSS, 2023, to call for the records made in Cr.M.P.No.262 of 2025 on the
file of the learned Judicial Magistrate, Karaikudi, Sivagangai District and
set aside the dismissal order dated 27.03.2025.
For Petitioner : Mr.S.Deenadhayalan
For Respondent : Mr.S.Ravi
Additional Public Prosecutor
ORDER
Challenging the impugned order passed by the learned Judicial
Magistrate, Karaikudi, Sivagangai District, in Crl.M.P.No.262 of 2025 dated
27.03.2025, this Criminal Revision Case is filed.
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2.The case of the prosecution is that on 31.12.2024, the defacto
complainant has conducted an enquiry in and around Puduvayal,
Karaikudi and found that one PLV rice mills have stocked and engaged in
selling of rice by misusing the defacto complainant's company trademark
and copy rights and thereby committed the offence. The commodities were
seized by the respondent police and registered a case in Crime No.1 of
2025 for the offence under Sections 51(b)(i) and 63(a) of Copyright Act,
1957. The petitioner herein has filed a Petition under Section 503 of BNSS,
2023, seeking return of 55 bags with 26 kgs of rice, 150 bags with 10 kgs
of rice and 150 bags with 5 kgs of rice. The learned Trial Court has
dismissed the petition on 27.03.2025. Against which, the petitioner has
preferred this Criminal Revision Petition.
3.The learned counsel appearing for the petitioner submitted that the
commodities seized is perishable in nature and he has not committed any
offence under Copyright Act. Categorically contending that the name of the
Commodity is Mullai Malar Nawaab, it has nothing to do with the name as
claimed by the defacto complainant. Relying upon the judgment of the
Hon'ble Supreme Court in the case of Sunderbhai Ambalal Desai v.
State of Gujarat reported in 2003 (1) CTC 175, he pressed for allowing
the Criminal Revision Case.
4.The learned Government Advocate (Crl.) appearing for the
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respondent submitted that the case property is very essential to prove the
prosecution by marking as M.O., and pressed for dismissal of the Criminal
Revision Case.
5.Heard both sides and carefully perused the materials available on
record.
6.Without going into the merits of the said facts, considering only the
aspect with respect to return of property and also considering the fact that
the commodity seized is perishable in nature, following the mandates of the
Hon'ble Supreme Court in the case of Sunderbhai Ambala Desai, the
property should not be allowed to deteriorate by being kept unused and
unattended in the police godown, this Court is inclined to allow this
Criminal Revision Case and the order dated 27.03.2025 passed in
Crl.M.P.No.262 of 2025 by the learned Judicial Magistrate, Karaikudi,
Sivagangai District, is hereby set aside and the property is ordered to be
returned to the petitioner for interim custody subject to the following
conditions:-
(a) the petitioner is directed to arrange a bank guarantee of Rs.
1,00,000/- (Rupees One Lakh only) in any nationalized bank and produce
the said bank guarantee before the learned Trial Court ;
(b) the petitioner shall execute a bond for a sum of Rs.50,000/-
(Rupees Fifty Thousand only), with two sureties for a likesum to the
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satisfaction of the learned Judicial Magistrate, Karaikudi, Sivagangai
District ;
(c) the petitioner is directed to take only the rice and the petitioner is
directed to hand over the bag covers (without rice) to the learned Trial
Court.
(d) the petitioner is directed to hand over two number of rice bags in
all the three kinds along with rice to the learned Trial Court for
investigation and trial purpose.
(e) the petitioner shall take the clear and full videograph while taking
the rice from the sack and submit the CD containing the videograph along
with 65(B) to the learned Trial Court within two days from the date of
receiving the rice.
18.06.2025
NCC :Yes/No
Index :Yes/No
Internet : Yes
Mrn
Note : Issue order copy on 20.06.2025.
To
1.The Judicial Magistrate, Karaikudi, Sivagangai District.
2.The Inspector of Police,
IPREC Virudhunagar Police Station,
Virudhunagar.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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L.VICTORIA GOWRI, J.
Mrn
18.06.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/06/2025 03:18:26 pm )
