Crl.R.C.No.326 of 2023

CRL.RC.326 of 2023

V. SIVAGNANAM, J.

Today, the matter is posted under the caption 'for being mentioned' at

the instance of the learned counsel for the petitioner, who submitted that this

Court, by order dated 16.03.2023, in Crl.R.C.No.326 of 2023, has ordered

release of vehicle belonging to the petitioner viz., Auto bearing Regn.No.TN

10 BK 7187, but due to inadvertence, in the above said order, in paragraph 1,

the vehicle has been wrongly mentioned as 'Ashok Leyland lorry bearing

Registration No.TN 10 BK 7187' instead of ' Auto bearing Regn.No.TN 10

BK 7187 . Thus, he prayed for rectification of the above said mistake crept

in, in the order dated 16.03.2023 passed in Crl.R.C.No.326 of 2023.

2. He further submitted that in para 9 (iii), of the above said order, this

court has imposed a condition to release the vehicle that the petitioner shall

execute a bond for a sum of Rs.2 lakhs before the Principal Special Judge,

Principal Special Court under EC & NDPS Act Cases and when the petitioner

approached the concerned court for release of vehicle, the court below

insisted for production of solvency certificate to release the vehicle, which

according to the petitioner, is onerous and not mentioned in the order of this

Court. Hence, he prayed for suitable direction in this regard.

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Crl.R.C.No.326 of 2023

3. Considering the submissions of the learned counsel for the petitioner,

the following order is passed;

(a) In the order passed in Crl.R.C.No.326 of 2023,

dated 16.02.2023, in para 1, the terms 'Ashok Leyland lorry

bearing registration No.TN 10 BK 7187' is substituted with

the terms 'Auto bearing Registration No.TN 10 BK 7187';

(b) Similarly, in the abovesaid order, condition No.(iii)

imposed in paragraph 9 is deleted and instead of that, the

following passage shall be incorporated;

'iii. The petitioner shall execute a

personal bond for a sum of Rs.2,00,000/-

(Rupees two lakhs only) before the Principal

Special Judge, Principal Special Court under

EC & NDPS Act Cases and the above said

court shall not insist for production of

solvency certificate while releasing the

vehicle;'

4. The Registry is directed to carry out necessary corrections as stated

above in the order dated 16.03.2023 passed in Crl.R.C.No.326 of 2023 and

issue fresh order copy.

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Crl.R.C.No.326 of 2023

5. In other aspects, the earlier order shall stand unaltered.

14.06.2023

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Crl.R.C.No.326 of 2023

V.SIVAGNANAM, J.

msr

CRL.RC.326 of 2023

14.06.2023

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Crl.R.C.No.326 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.03.2023

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM

Crl.Rc.No.326 of 2023

Joseph L C

... Petitioner

Vs.

State Rep by the Inspector of Police,

M-1 Puzhal Police Station,

Chennai

Crime No.646/2022

... Respondent

PRAYER: Criminal Revision Petition filed under Section 397 r/w 401 of

Criminal Procedure Code, 1973 to set aside the Order dated 28.09.2022

made in Crl.M.P.No.4060 of 2022 on the file of the learned Principal Special

Judge, Principal Special Court under EC & NDPS Act Cases, Chennai by

allowing the above Criminal Revision Case and direct the respondent to

return the auto bearing registration No.TN10 BK 7187 in Crime No.646 of

2022 on the file of the Inspector of Police, M3 Puzhal Police Station,

Chennai.

For Petitioner

: Mr.R.Rajan

For Respondent

: Mr.R.Vinothraja

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Crl.R.C.No.326 of 2023

Government Advocate (Crl.Side)

O R D E R

This Criminal Revision Petition has been filed to set aside the order

passed by the learned Principal Special Judge, Principal Special Court under

EC & NDPS Act Cases dated 28.09.2022 made in Crl.M.P.