O R D E R

This Criminal Revision Case has been filed, seeking a direction to set aside the dismissal order dated 01.09.2021 in C.M.P.No.3914 of 2021, passed by the learned Judicial Magistrate No.II, Ponneri, Thiruvallur District and for a consequential direction to return the Honda Active two wheeler bearing Registration No.TN-18-BA-5643 to the petitioner, which was seized in Crime No.232 of 2021, by the respondent police/the Inspector of Police, Kattur Police Station, Thiruvallur District.

2.The petitioner claims to be the owner of the vehicle viz., Honda Activa two wheeler bearing Registration No.TN-18-BA-5643, in Pearl Precious White colour, having Engine No.JS50EG0157123 and Chassis No.ME4JF50AGKG157095. He had filed a petition, under Section 451 & 457 of Cr.P.C., in Crl.M.P.No.3914 of 2021 for releasing the said two wheeler vehicle, which was seized in connection with Crime No.232 of 2021. The learned Judicial Magistrate No.II, Ponneri, Thiruvallur District , by an order, dated 01.09.2021 dismissed the petition, against which, the present Criminal Revision Case is filed before this Court.

3.The case of the prosecution is that on 06.06.2021, the respondent/police was on patrol duty, at L&T '0' Gate Kattupalli, to curb the illegal transportation of liqour bottles. At that time, they intercepted one Honda Active Two wheeler bearing Registration No.TN-18-BA-5643, at about 07.30 p.m., and interrogated the petitioner. His answer was not cogent and credible and therefore, under suspicion, they searched the vehicle and found 36, Plastic Bottles of Old Timer Whisky. Therefore, the respondent Police registered a case in Crime No.232 of 2021, for offence under Section 4(i)(a) of Tamil Nadu Prohibition, Act, 1937 and seized the above said vehicle. Thereafter, the petitioner filed a petition before the learned Judicial Magistrate No.II, Ponneri, Thiruvallur District in Crl.M.P.No.3914 of 2021 under Section 451 & 457 of Cr.P.C., to direct the respondent/police to release the above said Car and the same was dismissed. Hence, the present case.

4.The learned counsel for the petitioner would submit that the vehicle is kept in open space and in the exposure of sun and rain and thereby, the vehicle would get severely damaged. The petitioner had filed a petition in Crl.M.P.No.3914 of 2021, before the learned Judicial Magistrate No.II, Ponneri, Thiruvallur District, seeking for return of vehicle whereas, the learned Magistrate, without considering the fact, by relying the order dated 02.03.2018 of this Court passed in Crl.R.C.No.(MD).No.103 of 2018 in the case of Mohammed Shakul Hameed Vs. The State rep.by, The Sub- Inspector of Police, Kumbakonam Taluk Police Station, Thanjavur District. In that case, this Court by placing reliance on the decision of the Division Bench of this Court in the case of David Vs. Shakthivel, Inspector of Police-cum-Station House Officer reported in 2010 (1) L.W. (Crl.) 129, held that once the confiscation proceedings have been initiated by the appropriate authority, the Court may not have the power to entertain the petition filed under Section 451& 457 of Cr.P.C., and it will arise only at the stage of initiation of confiscation proceedings. Accordingly, on the basis of the aforesaid decisions, the Court below dismissed the said petition. Therefore, the petitioner has filed the present revision before this Court. He would further submit that the petitioner is ready to comply with any condition that may be imposed by this Court and prayed for returning the vehicle to the petitioner.

5.The learned Government Advocate (Crl. Side) appearing for the respondent/police would submit that the said petitioner indulged in illegal transportation of TASMAC liquor bottles through his vehicle. He would further submit that the confiscation proceedings have already been initiated and if the vehicle is released at this stage, there is every possibility of tampering the engine and chassis number of the vehicle and thereby, the investiga