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V. SIVAGNANAM
Kannan – Appellant
Versus
State rep. by The Inspector of Police, Coimbatore – Respondent
JUDGMENT
(Prayer: Criminal Revision Case filed under Section 397 & 401 of the Criminal Procedure Code, 1973 to set aside the order passed in Crl.M.P.No.4300 of 2022 dated 15.12.2022 on the file of the learned Judicial Magistrate Court, Sulur.)
1. This Criminal Revision Case has been filed challenging the impugned order dated 15.12.2022 passed in Crl.M.P.No.4300 of 2022 by the learned Judicial Magistrate, Sulur.
2. The respondent police registered a case against this petitioner along with two other persons viz., Ponramesh & Ramesh in Crime No.467 of 2022 for the offences punishable under Sections 24(1) of Cigarette and other Tobacco Products Act, 2003 and 328 of Indian Penal Code, 1860, in which, the petitioner is the second accused. The respondent police arrested them and seized 102 kilograms of Banned Tobacco Products. While arresting, the respondent police also seized the Omni Van bearing registration No. TN-36-AF-9776, belonging to the petitioner/A2.
3. The petitioner filed an application seeking interim custody of the subject vehicle before the Judical Magistrate, Sulur in CMP.No.4300 of 2022, which was dismissed by the Trial Court vide the impugned order without assigning valid re
The central legal point established in the judgment is the authority of the Magistrate to pass appropriate orders for the return of seized vehicles and the need to avoid keeping seized vehicles idle ....
The main legal point established in the judgment is the court's consideration of the potential damage to the seized vehicle if kept idle in open space, and the owner's readiness to provide guarantee ....
Interim custody of seized vehicle granted despite offence risk, prioritizing prevention of deterioration on conditions.
Interim custody of seized vehicle granted due to risk of deterioration outweighing retention, subject to conditions.
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....
The principle of protecting property and returning seized articles to the owner to prevent diminishing value and serve the purpose.
Seized vehicles in criminal proceedings should be released to the rightful owner on conditions, rather than being left in open courts to deteriorate, based on principles of effective property managem....
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