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2002 Supreme(Mad) 883

M.KARPAGAVINAYAGAM
S. P. Mohan – Appellant
Versus
The State of Tamil Nadu rep. by the Inspector of Police, Palladam Police Station – Respondent


Advocates Appeared: For the Appellant:No appearance. For the Respondent: O.Srinath, G.A.

Judgment :-

The vehicle in question was alleged to have been used for the offences under Sections 147 and 366 IPC. After investigation and seizure of the vehicle involved in this case from P.W.10 Shanmugam, a chargesheet was filed against accused persons for the said offences, namely, 147 and 366 IPC, alleging that the accused kidnapped one Saritha, P.W.1. During the course of trial, all the important witnesses turned hostile. Therefore, the accused were acquitted. P.W.10, who was said to be the owner of the vehicle, also turned hostile, since he did not claim the vehicle in question. Hence, the trial Court ordered confiscation of the vehicle to the State, while acquitting the accused.

2. S.P.Mohan, appellant herein, claiming to be the owner of the vehicle, has filed this appeal, challenging the confiscation on the ground that he is the owner of the vehicle and, as such, the vehicle should be released to him. According to him, the original owner of the vehicle Shanmugam, P.W.10, sold the vehicle in question to one P.Mani on 27.10.1997 and thereafter, the said vehicle was sold to him on 07.09.1999 and the R.C.Book and other documents have been transferred in his name. He would furthe




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