The proper procedure for appealing a confiscation order under Section 14 of the Tamil Nadu Prohibition Act, 1937 must be followed.

This Criminal Revision Case is directed against the order dated 06.06.2016 passed by the learned Judicial Magistrate No.II, Ponneri, in Crl.M.P.No.2642 of 2016, in Crime No.267 of 2016, dismissing the petition filed by the revision petitioner for return of property i.e., two wheeler Honda CB Twister BS111 bearing Registration No.TN-18-F-1987.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent.

3. The learned counsel appearing for the petitioner vehemently contended that the above said vehicle namely Two Wheller, Honda CB Twister BS111 bearing Registration No.TN-18-F-1987 belongs to the petitioner and on the fateful day i.e., on 30.04.2016, the petitioner's cousin brother namely V. Raji used the said vehicle for celebrating the Labour Day Function and after purchase of 9 Beer bottles, he returned to the company at about 7.30 p.m. At that time, the respondent police seized the said vehicle along with the alcohol and subsequently, registered a case in Crime No.267 of 2016 for the offence under Section 4-1(a) of T.N.P. Act. The vehicle was seized by the respondent police without hearing the request of the revision petitioner and his cousin brother Raji. It is further submitted by the learned counsel for the petitioner that the petitioner undertakes to produce the vehicle as and when required by the Court and also undertakes that he will not change, alter or sell the said vehicle till the disposal of the case. The learned counsel for the petitioner further submitted that the learned Magistrate, without applying the mind, had erroneously dismissed the petition filed for interim custody of the vehicle and hence, he prayed that the order passed by the learned Judicial Magistrate No.II, Ponneri, may be set aside and this Criminal Revision Case may be allowed and the vehicle i.e., Two Wheeler, Honda CB Twister BS111 bearing Registration No.TN-18-F-1987 may be returned to the petitioner.

4. The learned Government Advocate (Crl.Side) has filed a status report and vehemently contended that the vehicle was seized by the respondent police and the case was registered for the alleged offence under Section 4-1(a) of T.N.P. Act and after the vehicle was seized, notice was issued to the petitioner directing him to appear before the Additional Superintendent of Police within 10 days. But the petitioner has failed to appear before the Additional Superintendent of Police and hence, the Additional Superintendent of Police served Confiscation Order vide M-1/43/ADSP/PEW/TVLR/2016, dated 28.05.2016 to the petitioner in person and the same was acknowledged by the petitioner on 05.06.2016. After receiving the above said confiscation order, the petitioner filed a petition in C.M.P. No. 2642 of 2016 before the learned Judicial Magistrate No.II, Ponneri, for return of the vehicle i.e., Two Wheeler Honda CB Twister BS111 bearing Registration No.TN-18-F-1987 under Sections 451 and 457 of Cr.P.C. and the said petition was correctly dismissed by the learned Magistrate. There is no illegality or infirmity in the order passed by the learned Judicial Magistrate No.II, Ponneri, and hence, the learned Government Advocate prayed that the criminal revision case may be dismissed.

5. In this case, admittedly, the vehicle was used for the transportation of Beer bottles and the petitioner's brother namely Raji was arrested and subsequently, released on bail and the case is pending. Further, it is admitted by the learned counsel for the revision petitioner that notice was served on the revision petitioner and he did not appear before the Additional Superintendent of Police or raised any objections. Further, it is admitted that the confiscation order dated 28.05.2016 was served on the petitioner and the petitioner acknowledged the same on 05.06.2016. Only after the confiscation order was passed and the same was received by the revision petitioner, the petition, seeking interim custody of th