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M. DHANDAPANI
Muneeswari – Appellant
Versus
State rep. by its: The Inspector of Police, Dhanuskodi Police Station, Ramanathapuram District. – Respondent
JUDGMENT
(Prayer: Criminal Revision Case is filed under Sections 397 r/w 401 of the Criminal Procedure Code, to set aside the order passed by the learned District Munsif-cum-Judicial Magistrate, Rameswaram, in Crl.M.P.No.7205 of 2023 dated 29.12.2023 and allow this petition by grant interim custody of the petitioner's bike bearing registration No.TN 65 AR 3560 to her.)
1. Challenging the order passed by the learned District Munsif-cum-Judicial Magistrate, Rameswaram, in Crl.M.P.No.7205 of 2023 dated 29.12.2023, the present Criminal Revision has been filed by the petitioner for seizure of her vehicle viz., Honda Dio Motor Bike bearing registration No.TN 65 AR 3560 and consequently, for a direction to the respondent to release of the vehicle.
2. The case of the petitioner is that the petitioner is the owner of the vehicle bearing Registration No.TN 65 AR 3560, which was seized from the accused person and the accused person was implicated for the offence under Section 4 (1)(a) of the Tamil Nadu Prohibition Act. It is the case of the prosecution that on 13.12.2023, the accused was used the said vehicle for illegal transportation of the liquor bottle, thereby, the Law Enfor
Interim custody of seized vehicle granted considering deterioration risk, subject to conditions, pending trial.
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 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 ....
Non-accused vehicle owner entitled to interim custody despite pending confiscation, mere misuse risk insufficient grounds for denial.
Vehicle owner, not being accused, entitled to interim custody despite pending confiscation to prevent damage and enable beneficial use.
Interim custody of seized property can be granted to prevent degradation, subject to stringent conditions.
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