Interim custody of seized property can be granted under specific conditions to prevent deterioration.

ORDER

The Criminal Revision Case is directed against the order, dated

09.01.2024, passed in Crl.M.P.No.5348 of 2023 on the file of the Special District Court to Deal with the Cases of Offences in Contravention of the Provisions of the Mines & Minerals (D&R) Act, Madurai dismissing the petition filed under Section 451 of Cr.P.C.

2. The petitioner claims to be the owner of the vehicle Earth Moving Machine (JCB) bearing Registration No.TN-28-AJ-3840. On 12.07.2021, the respondent police seized the vehicle on the ground that the vehicle was used for digging red sand without any valid license or permit, and registered a case in Crime No.265 of 2021 for the offence under Section 379 of IPC r/w Sections 21(1) and 21(4) of the Mines and Minerals (Development & Regulation) Act.

3. It is not in dispute that the petitioner has approached the Special District Court to Deal with the Cases of Offences in Contravention of the Provisions of the Mines & Minerals (D&R) Act, Madurai by filing a petition for the return of vehicle bearing registration No.TN-28-AJ-3840 in Crl.M.P.No.5348 of 2023, and the learned Judge, Special District Court to Deal with the Cases of Offences in Contravention of the Provisions of the Mines & Minerals (D&R) Act, Madurai vide his order, dated 09.01.2024, has dismissed the said petition. Aggrieved by the order of dismissal, the petitioner has now come forward with the present revision.

4. The name of the 2^nd respondent has been printed in the cause list. Despite the name has been printed in the cause list, the 2^nd respondent has neither entered appearance through a counsel nor in-

person.

5. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the 1^st respondent.

6. The learned counsel appearing for the petitioner would submit that the vehicle, viz. Earth Moving Machine (JCB) bearing Reg.No.TN-28-AJ-3840, was purchased by the petitioner from one K.Kumaresan, S/o.Kovilpitchai, who is the 2^nd respondent herein and the vehicle is presently owned by the petitioner. The said K.Kumaresan has executed transfer of ownership in favour of the petitioner under Form 29 and Form 30 and the same have also been enclosed, and the said vehicle has no connection whatever with the alleged occurrence, and the vehicle is with the police for the past four years, and if the vehicle is kept in open place, the value of the said vehicle will get deteriorated. Therefore, interim custody may be granted to the petitioner.

7. The learned Additional Public Prosecutor appearing for the 1^st respondent would submit that the vehicle was illegally used by the accused for the purpose of digging red sand. He would also submit that the model of the vehicle is of the year 2010, and the value of the vehicle comes to Rs.15,00,000/- (Rupees Fifteen Lakhs only). Further, he would submit that the case property was produced before the trial Court in R.P.R.No.76 of 2021.

8. In this case, the vehicle was seized on 12.07.2021. The vehicle is kept in the open place from 12.07.2021 onwards. Further, if the vehicle is kept in open place exposing to sun and rain, the value of the vehicle will be deteriorated and no purpose will be served in keeping the vehicle in custody. Considering the over all facts and circumstances of the case, this Court is inclined to allow this revision by following the principle of law laid down by the Honourable Supreme Court, in the case of Sunderbhai Ambalal Desai Vs. State of Gujarat [2002 (10) SCC 283].

9. Accordingly, this Criminal Revision Case is allowed, and the order, dated 09.01.2024, passed in Crl.M.P.No.5348 of 2023 by the Special District Court to Deal with the Cases of Offences in Contravention of the Provisions of the Mines & Miner