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HIGH COURT OF MADRAS
P.VADAMALAI, J
Gopinath – Appellant
Versus
The State of Tamil Nadu – Respondent
| Table of Content |
|---|
| 1. arguments regarding return of property and its use in illegal actions. (Para 5) |
| 2. court's observation on jurisdiction and relevant legal provisions. (Para 6 , 7) |
| 3. decision to remit matter to appropriate jurisdictional magistrate for proper handling. (Para 8 , 9) |
ORDER
This Criminal Revision Case is filed to set aside the order, dated
05.12.2023 passed in Crl.M.P.No.1961 of 2023 on the file of the Principal Sessions Court, Karur, dismissing the petition filed by the petitioner U/s.451 of Cr.P.C. for return of property i.e., Tipper Lorry which was seized by the respondent in Crime No.428 of 2023.
2.The brief facts of the case:
The revision petitioner is the owner of the Tipper lorry bearing registration number TN-28-BJ-1720. He is arrayed as an accused in this case registered in Crime No.428 of 2023 by the respondent police. It is alleged that on 21.09.2023 his vehicle was used for illegal transport of four unit of river sand without any valid permit and the same was seized by the respondent police and case was registered for the alleged offences under Section 379 of IPC r/w Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957. The seized vehi
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