Crl.R.C.No.628 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.06.2023

CORAM

THE HONOURABLE MR. JUSTICE V. SIVAGNANAM

CRL.R.C.NO.628 OF 2023

Selva Kumar

.. Petitioner

Vs

State by,

the Inspector of Police,

Kanjanur Police Station,

Villupuram District

(Cr. No.150/2022)

... Respondent

Prayer: Criminal Revision Case filed under section 397 & 401 Cr.P.C. to call

for the records of the District Munsif cum Judicial Magistrate, Vikravandi and

set aside the order dated 30.08.2022 in C.M.P.No.199 of 2022 and order

return of the vehicle, Crane Vehicle bearing Regn.No.TN-18-L-1696 concerned

in Crime No.150 of 2022 on the file of the respondent to the custody of the

petitioner herein.

For Petitioner

: Mr. M.R. Elavarasan

For Respondent

: Mr. R. Vinothraja, GA (crl.side)

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Crl.R.C.No.628 of 2023

ORDER

This Criminal Revision case has been filed challenging the order of

dismissal dated 30.08.2022, passed by the the District Munsif cum Judicial

Magistrate, Vikravandi in Cr.M.P.No.199 of 2022 seeking return of

vehicle viz., crane Vehicle bearing Regn.No.TN-18-L-1696, seized by the

respondent police.

2.The facts leading to filing of this Criminal Revision Case are as

follows;

(i) the petitioner is the owner of the Crane Vehicle bearing Regn.No.TN-

18-L-1696 and the said vehicle was seized by the respondent police on

21.05.2022 on the allegation that the vehicle was indulged in illegal

transportation of 10 tonnes of black jelly stones without valid permit.

(ii) Pursuant to which, the respondent police registered a case in

Cr.No.150/2022 on 21.05.2022 for the offence under section 379 IPC r/w.

Section 21(1) of Mines and Minerals (Development and Regulation) Act,1957

against the petitioner/A3 along with A1 and A2.

(iii) Now the vehicle was kept under the custody of the respondent police.

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Crl.R.C.No.628 of 2023

The petitioner, being the owner of the vehicle, filed a petition in

Crl.M.P.No.199 of 2022 before the District Munsif cum Judicial Magistrate,

Vikravandi for return of property, but his petition was dismissed on

30.08.2022 by the court below on the ground that the petitioner has

committed illegal mining and attempted to transport 10 tonnes of black gravel

stones without proper and valid permit.

(iv) Aggrieved against the order of dismissal, the petitioner has filed the

present criminal revision case seeking return of crane Vehicle bearing

Regn.No.TN-18-L-1696.

3.The learned counsel for the petitioner submitted that the vehicle is not

involved in any previous case of offence of similar in nature. The vehicle has

been kept under the custody of the court from 21.05.2022 and if the vehicle is

kept in open space under unconditional weather conditions, the same would

depreciate its value and user capacity.

4. Further, the learned counsel for the petitioner contended that no

purpose will be served in keeping the vehicle under the custody of respondent

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Crl.R.C.No.628 of 2023

police and if the vehicle is kept for a long time in the open space, it would

cause damage to the vehicle. The petitioner is ready to give appropriate

guarantee as well as security for return of vehicle and also he will produce the

vehicle, as and when required either before the respondent police or before the

trial court. Hence, he prayed to return the vehicle and he is ready to obey any

condition imposed on him by this Court.

5. The learned Govt. Advocate (Crlside) objected to return of vehicle,

stating that the vehicle was used for illegal transportation of 10 tonnes of

black stones and if the vehicle is ordered to be returned, he may use the

vehicle for committing same offence. He fairly conceded that the vehicle is not

involved in any previous case of similar in nature.