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2016 Supreme(Mad) 1405

M.VENUGOPA
S. Vijaya – Appellant
Versus
State rep. by its The Sub-Inspector of Police, Peralam Police Station & Ors. – Respondent


Advocates Appeared:
For the Petitioner: Mr. R. Baskar.
For the Respondent Nos.1 & 3:Mr. V. Arul Government Advocate (Crl. Side).

ORDER :

Heard both sides.

2. The Petitioner has filed the instant Criminal Revision Petition before this Court as against the order dated 21.01.2016 in Crl.M.P.No.312 of 2016 passed by the Learned District Munsif cum Judicial Magistrate, Nannilam.

3. The Learned District Munsif cum Judicial Magistrate, Nannilam, while passing the impugned order in Crl.M.P.No.312 of 2016 dated 21.01.2016 in Cr.No.519 of 2016 (filed by the Petitioner/Owner of the vehicle under Section 451(1) & 457 Cr.P.C.) had observed the following:

“On perusal of records and the documents. The Peralam Police Station has registered case in Cr.No.519 of 2016 u/s.4(1)(aa) r/w.4(1-a) TNP Act & 14(A) TNP Act & Transport. The case property involved in commission of offence has not produced before this Court and the Inspector of Police, Peralam has stated in the special report filed along with remand report, that Confiscations steps has been taken, to confiscate the vehicle. Since the offence u/s.4(1)(aa) r/w.4(1-A) TNP Act & 14(A) TNP Act is exclusively triable by Hon'ble Sessions Court, in the interest of justice, this petition is dismissed.”

4. Assailing the validity, legality and correctness of the impugned order dated 21.










































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