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 vehicles from Gurubarapalli to Maniyandapalli Road near at Old EB Office, they intercepted two wheeler bearing Registration No.TN-24-AS-3468. On suspicion, they searched the vehicle and found 15 litres 500 ml of Karnataka State liquor and on enquiry, they came to know that without having valid bills the petitioner transported the said liquor. Hence, the case in Crime No.246 of 2021 was registered against the petitioner for offence under Section 4(1) (a) and 4(1-A) of Tamil Nadu Prohibition, Act, 1937 and arrested the accused and seized the vehicle.

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

5. The learned Government Advocate (Crl.Side) appearing for the respondent would submit that since the petitioner was alleged to have used the said vehicle for illegal transportation of liquor bottles. He would further submit that show cause notice was issued to the petitioner and confiscation proceedings is going to be 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.246 of 2021 against the petitioner for the offence under Sections 4(1) (a) 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 Judicial Magistrate No.II, Krishnagiri to return the vehicle bearing Registration No.TN-24-AS-3468 , 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 his 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 alienate the vehicle in any manner till confiscation proceedings is over;

(iii) The petitioner is directed to deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), as non-refundable deposit