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K. MURALI SHANKAR
Augustinraja – Appellant
Versus
State represented through The Sub Inspector of Police, Thoothukudi – Respondent
JUDGMENT
(Prayer: This Criminal Revision has been filed under Section 397 r/w 401 of Criminal Procedure Code, to call for the records and set aside the impugned order passed by the learned Judicial Magistrate Court No.1, Kovilpatti in Crl.M.P.No. 2874 of 2023 dated 28.02.2023 and consequently direct to release the petitioner''s two wheeler vehicle TN-96-A-3108 (Bajaj Platina) in Crime No.95 of 2023.)
1. This Criminal Revision Petition is directed against the order passed in Crl.M.P.No.2874 of 2023 dated 28.02.2023 on the file of the learned Judicial Magistrate No.I, Kovilpatti, dismissing the petition filed under Sections 451 and 457 Cr.P.C., for returning of the vehicle.
2. It is not in dispute that the respondent police registered a case in Crime No.95 of 2023 for the alleged offences under Sections 4(1)(a), 4(1)(i) and 14A of Tamil Nadu Prohibition Act against the petitioner and that they have seized a vehicle viz., two wheeler bearing Registration No.TN-96-A-3108 and the same was remanded.
3. The petitioner, claiming to be the owner of the said vehicle, has filed a petition under Sections 451 and 457 Cr.P.C., seeking return of the vehicle, but the learned Magistrate, by observing t
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.
The need for judicious exercise of discretion by the court in cases involving seized vehicles and ongoing confiscation proceedings.
The main legal point established in the judgment is the court's authority to direct the return of seized property to the owner under specific conditions to protect the property and prevent its devalu....
Interim custody of seized vehicle granted considering deterioration risk, subject to conditions, pending trial.
The court may grant interim custody of a vehicle seized in connection with a criminal offence to prevent deterioration of the asset, provided that appropriate financial safeguards and conditions are ....
Interim custody of seized vehicle granted despite offence risk, due to deterioration from prolonged open custody.
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