IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.09.2021

CORAM:

THE HON'BLE MR.JUSTICE P.VELMURUGAN

Criminal Revision Case No.572 of 2021

S.Tamilarasan

...Petitioner/Petitioner

Versus

State By

The Inspector of Police,

Kattur Police Station,

Thiruvallur District.

...Respondent/Respondent

(Crime No.232 of 2021)

Criminal Revision Case filed under Section 397 read with 401

Criminal Procedure Code, to set aside the order dated 01.09.2021

passed in Crl.M.P.No.3914 of 2021 on the file of the learned

Judicial Magistrate No.II, Ponneri, Thiruvallur District

dismissing the petition to return the vehicle of two wheeler

Honda Active bearing Registration No.TN-18-BA-5643 to the

petitioner.

For Petitioner :

Mr.R.Sasikumar

For Respondent :

Mr.S.Sugendran

Government Advocate (Crl.Side)

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

https://hcservices.ecourts.gov.in/hcservices/

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