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R. PONGIAPPAN
B. Thiruvettaisami – Appellant
Versus
State Rep. by its the Inspector of Police, PEW, Alangiyam – Respondent
JUDGMENT
(Prayer: Criminal Revision Case filed under Section 397 & 401 of the Code of Criminal Procedure, against the order in CMP No.547 of 2021 on the file of the learned Judicial Magistrate, Dharapuram dated 19.07.2021 in Crime No.487 of 2021.)
1. The present Criminal Revision Case has been filed praying to set aside the order dated 19.07.2021 made in Cr.M.P.No.547 of 2021 on the file of the learned Judicial Magistrate, Dharapuram.
2. The petitioner is the owner of Bajaj Pulsar RS 200 bearing Registration No.TN-37-DW-1417. In a case registered in Crime No.487 of 2021 under Section 4(1-a) of TNP Act (Transport), the respondent police, while at the time of investigation, recovered the said vehicle and as of now, the same is in the custody of the respondent police.
3. Pending investigation, the petitioner filed an application in Cr.M.P.No.547 of 2021 before the learned Judicial Magistrate, Dharapuram, praying interim custody of the vehicle.
4. The learned Judicial Magistrate, Dharapuram, by order dated 19.07.2021 dismissed the said application on the ground that, in respect of the said vehicle, already confiscation proceedings are initiated and hence, the relief sought for by the petiti
The need for judicious exercise of discretion by the court in cases involving seized vehicles and ongoing confiscation proceedings.
The court's decision was based on the lack of a confiscation order and the potential deterioration of the vehicle's value if kept in custody.
Vehicle owner, not being accused, entitled to interim custody despite pending confiscation to prevent damage and enable beneficial use.
The pendency of confiscation proceedings does not bar the release of a seized vehicle to its lawful owner under applicable legal provisions.
The main legal point established in the judgment is that the trial Court has the power to consider the application for interim custody of the vehicle under Section 451 and 457 of Cr.P.C. in cases ari....
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