O R D E R

The revision is filed aggrieved by the order of the learned Principal Sessions Judge, Salem, dated 03.02.2020 in Crl.M.P.No.3861 of 2019 in and by which the prayer of the petitioner for interim custody of the Tractor, which is a unregistered vehicle, was refused. The learned Principal Sessions Judge, refused the prayer of the petitioner because, the vechile was an unregistered one.

2. The allegation against the vehicle is that it was involved in illegal transportation of savudu sand. In that view of the matter, under normal circumstances, the petitioner would be straight away entitled to return of the vehicle. However, since the petitioner was using the vehicle without even registration, in the facts and circumstances of the case, the revision is disposed of on the following conditions.

(i) Within a period of one week from the date of receipt of copy of this order, the petitioner shall make an application in accordance with law, with due penalty for the delay before the appropriate transport authority for regisration of the vehicle;

(ii) The respondent police shall produce the vehicle before the appropriate Regional Transport Authority for the purpose of registration of the vehicle in the name of the petitioner and bring back the vehicle to the custody; (iii) After payment of penalty and following due procedures, if the vehicle is registered in favour of the petitioner, thereafter, the petitioner shall produce the original registration certificate before the Trial Court upon which the petitioner will be entitled for return of the vehicle as well as the original registration certificate, by producing the photocopy of the said certificate;

(iv) The learned Judge, on perusal of the RC book and other records, retaining the Xerox copy of the same, shall return the vehicle to the petitioner with a view to use the vehicle;

(v) The petitioner shall not alter or alienate the vehicle in any manner till adjudication is over;

(vi) The petitioner shall also give an undertaking that he will not use the vehicle for any illegal activities in future and also to produce the vehicle as and when required by the respondent and by the Court below and as well as by the District Collector of the District or authorized officer in that behalf by the Government;

(vii) The petitioner shall participate in the confiscation proceedings if any, initiated and shall produce the vehicle before the confiscation authority. This order is subject to the confiscation proceedings;

(viii) The petitioner shall not indulge in the similar offence either by using the present vehicle or any other vehicle. If the petitioner is found to be involved in any of similar offence in future either by way using the present vehicle or through any other vehicle, this order of returning the present vehicle (Tractor bearing Engine No.3105ELU73L696125F20 and Chassis No.BZVDG706763S3), shall stand automatically vacated, and this vehicle will be again seized by the respondent/police and produce before the Court concerned.

Index : yes/no 12.08.2022 Speaking/Non-speaking order drm To

1. The Principal Sessions Court, Salem.

2. The Public Prosecutor, High Court of Madras.

3. The Inspector of Police Veeraganur Police Station, Salem.

D.BHARATHA CHAKRAVARTHY, J.

drm

12.08.2022