IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. ILANTHIRAIYAN, J
Sathiyaraj – Appellant
Versus
State rep by The Inspector of Police, Manalmedu Police Station, Mayiladuthurai District – Respondent
ORDER
This Criminal Revision has been filed challenging the order dated
09.02.2024 made in Crl.M.P.No.387 of 2024 passed by the District and Sessions Judge at Mayiladuthurai, thereby dismissing the petition filed for return of property.
2. Heard the learned counsel appearing on either side and perused the materials placed on record.
3. The petitioner owned a Tractor attached with Tipper bearing Registration No.TN 82 Y 5005. It was hired by the accused to transport river sand weighing one unit. The accused illegally transported the same without any valid permit and as such, the respondent registered FIR in Crime No.133 of 2023 for the offence punishable under Section 379 of IPC and Section 21 (1) of Mines and Minerals (Development and Regulation) Act, 1957 .
4. Pursuant to the registration of FIR, the vehicle has been seized and produced before the Court. Though the petitioner is an owner of the vehicle, he has also been arrayed as an accused. The petitioner filed a petition for return of property and the same was dismissed.
5. Considering the facts and circumstances of the case and also quantum of sand involved, this Court is inclined to return the vehicle. Accordingly, the order dated
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