JUDGMENT :

(Prayer: Criminal Revision Case filed under Section 397 and 401 Criminal Procedure Code, to call for the records on the file of the learned Judicial Magistrate No.II, Krishnagiri, Krishnagiri District in Crl.M.P.No.5224 of 2021 dated 18.11.2021 and set aside the order.)

1. This Criminal Revision Case has been filed against the order dated 18.11.2021 passed in Crl.M.P.No.5224 of 2021 by the learned Judicial Magistrate No.II, Krishnagiri, Krishnagiri District.

2. It is the case of the petitioner that the respondent police registered a case in Crime No.246 of 2021 against the petitioner for the offence under Sections 4(1) (a) and 4(1-A) of Tamil Nadu Prohibition Act and seized the two wheeler Bajaj CT 100 ES bearing Registration No.TN-24-AS-3468. The petitioner filed a petition under Section 451 r/w 457 Cr.P.C seeking interim custody of the vehicle in Crl.M.P.No.5224 of 2021, wherein, the learned Judicial Magistrate No.II, Krishnagiri by an order dated 18.11.2021 dismissed the petition, against which, the present Criminal Revision Case is filed before this Court.

3. The case of the prosecution is that on 03.10.2021 at about 14.30 hrs when the respondent/police were checking the