JUDGMENT :

(Prayer: Criminal Revision Petition filed under Section 397 and 401 of the Code of Criminal Procedure, to setaside the dismissal order passed on 29.07.2021 in Crl.M.P.No.1709 of 2021 on the file of the District Munsif cum Judicial Magistrate, Uthukottai, Thiruvallur District in Crime No.467 of 2021 on the file of the Inspector of Police, Uthukottai, Thiruvallur district and pass order to return the vehicle MAHEDRA XUV-500 car bearing register number TN 87 A 3762 to the custody of the petitioner herein.)

1. This Criminal Revision Petition has been filed to setaside the dismissal order passed on 29.07.2021 in Crl.M.P.No.1709 of 2021 on the file of the District Munsif cum Judicial Magistrate, Uthukottai, Thiruvallur District in Crime No.467 of 2021 on the file of the Inspector of Police, Uthukottai, Thiruvallur district and pass order to return the vehicle MAHEDRA XUV-500 car bearing register number TN 87 A 3762 to the custody of the petitioner herein.

2. It is the case of the petitioner that the respondent police registered a case in Crime No.467 of 2021 against the petitioner’s husband for the offence under Section 4(1) (aa) and 4(1-A) of Tamil Nadu Prohibition Act and seized the vehicle viz., MAHEDRA XUV-500 Car bearing Register number TN 87 A 3762. The petitioner filed a petition under Section 451 and 457 Cr.P.C in Crl.M.P.No.1709 of 2021 seeking interim custody of the vehicle. The learned District Munsif-cum-Judicial Magistrate, Uthukotai by an order, dated 29.07.2021 dismissed the petition, against which, the present Criminal Revision Case is filed before this Court.

3. The case of the prosecution is that the petitioner’s husband was illegally transported 400 numbers of 9 sea horses whisky bottles in the Car bearing Register number TN 87 A 3762 and hence, the case in Crime No.467 of 2021 was registered against him for offence under Section 4(1) (aa) and 4(1-A) of Tamil Nadu Prohibition, Act, 1937 and seized the above said vehicle.

4. The learned counsel for the petitioner would submit that the petitioner is the owner of the vehicle and the petitioner and her husband are no way connected with the alleged offence. Therefore, she seeks interim custody of the said vehicle and that the petitioner would abide by stringent conditions, if any, to be imposed on her.

5. The learned Government Advocate (Crl.Side) appearing for the respondent would submit that since the petitioner’s husband was alleged to have used the said vehicle for illegal transportation of liquor bottles, and confiscation proceedings initiated and hence, the vehicle in question cannot be released at this stage.

6. This Court considered the rival submissions and perused the materials available on record.

7. On a perusal of records, it is seen that the respondent police registered the case in Crime No.467 of 2021 against the petitioner’s husband for the offence under Section 4(1) (aa) and 4(1-A) of Tamil Nadu Prohibition, Act, 1937 and also seized the vehicle. Pending investigation, the petitioner filed a petition for interim custody of the vehicle, however, the same was dismissed by the Court below.

8. Considering the facts and circumstances of the case and that the vehicle is kept in the open space and exposed to heat, rain and dust and also considering the fact that the Government itself is doing business of selling alcohol through TASMAC Shops, it is very easy for the public to access the subject matter liquor, this Court directs the learned District Munsif-cum-Judicial Magistrate, Uthukottai, to return the vehicle / Car bearing Register number TN 87 A 3762, to the petitioner, on the following conditions:-

(i) The petitioner shall produce the original RC Book of the vehicle and other relevant records to prove her ownership and the learned Magistrate, on perusal of the RC book and other records, retaining the Xerox copy of the same, shall return the original documents to the petitioner with a view to use the vehicle;

(ii) The petitioner shall not alter or alienat