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V. SIVAGNANAM
Rajasekaran – Appellant
Versus
State Rep. By The Inspector of Police, Sulur Police Station Coimbatore – Respondent
JUDGMENT
(Prayer: Criminal Revision Case filed under Section 397 r/w. 401 Cr.P.C. to set aside the order passed in Crl.M.P.No.998 of 2023 on the file of learned Judicial Magistrate Court, Sulur, dated 14.03.2023.)
1. This Criminal Revision Case has been filed challenging the order of dismissal dated 14.03.2023 passed by the learned Judicial Magistrate, Sulur, in C.M.P.No.998 of 2023, seeking interim custody of the vehicle EECO OMNI Car bearing Registration No.TN37-DK-5272, to the petitioner.
2. The case of the prosecution is that the petitioner is the owner of the vehicle viz., EECO OMNI Car bearing Registration No.TN37-DK- 5272. The respondent police registered a case in Crime No.709 of 2022 for the offence under Section 24(1) of Cigarette and Other Tobacco Products Act, 2003 and Section 328 IPC against four accused persons. On 07.12.2022 at about 11.00 hours, on receipt of secret information about loading of Tobacco products in EECO OMNI Car bearing Registration No.TN37-DK- 5272 and two wheeler bearing Registration No.TN38-BH-1106, the respondent police went to the scene of occurrence and on seeing the police, the accused persons trying to escape from that place and immediately, the
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 ....
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 ....
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 principle of protecting property and returning seized articles to the owner to prevent diminishing value and serve the purpose.
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 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 main legal point established in the judgment is the court's authority to order the interim custody of a seized vehicle, considering the nature of the offence, lack of previous similar cases invol....
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