JUDGMENT

(Prayer:Criminal Appeal has been filed under Section 454 of Cr.P.C., against the order dated 28.09.2021 passed by the Chief Judicial Magistrate Court, Thiruvarur, dismissing Crl.M.P.No.150/2021 seeking for return of the properties viz., documents and cash seized in Crime No.7 of 2020 on the file of the Deputy Superintendent of Police, Vigilance and Anti Corruption Wing,Thiruvarur.)

1. The Criminal Appeal is directed against the dismissal order dated 28.09.2021 passed by the Chief Judicial Magistrate, Thiruvarur, in the Criminal Miscellaneous Petition No.150 of 2021 filed under Section 451 of the Criminal Procedure Code.

2. The below question which is very serious and important in the present day context has arose in this appeal. Whether the properties seized from a public servant during the search operation by the Vigilance Wing of the Police be returned to the legal heirs of the public servant, if he dies pending investigation?

3.The facts leading to this appeal in short is:-

On 10.12.2020, Thiru.Dhanaraj, District Environmental Engineer in Tamil Nadu Pollution Control Board, was arrested for demand and receipt of Rs.40,000/- as illegal gratification from a R