CRL.RC.No.588 of 2023

IN THE HIGHCOURT OF JUDICATURE AT MADRAS

Dated : 03.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM

CRL.RC.No.588 of 2023

Kannadhasan

.. Petitioner

Vs.

The State, represented by

Inspector of Police,

Velur Police Station,

Namakkal District

(Cr.No.211/2019)

.. Respondent

Prayer: Criminal Revision Case is filed under Sections 397 and 401

Cr.P.C. to call for the records in Crl.M.P.No.864 of 2020 on the file of the

Principal Session Judge, Namakkal and set aside the same and

subsequently grant interim cutody of the vehicle namely Ashok Leyland

Dost bearing Regn.No.TN 47 AX 9212 to the petitioner in connection

with the Cr.No.211 of 2019 on the file of the respondent police.

For Petitioner

: Mr. R. Vetrivel

For Respondent : Mr. R.Vinoth Raja

Govt. Advocate (crl.side)

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CRL.RC.No.588 of 2023

ORDER

This Criminal Revision Case is filed to call for the records in

Crl.M.P.No.864 of 2020 on the file of the Principal Session Judge,

Namakkal and set aside the same and subsequently grant interim custody

of the vehicle namely, Ashok Leyland Dost bearing Regn.No.TN 47 AX

9212 to the petitioner in connection with Cr.No.211 of 2019 on the file of

the respondent police.

2. The learned counsel for the petitioner submitted that the

petitioner is the owner of the vehicle viz., Ashok Leyland Dost bearing

Regn.No.TN 47 AX 9212. The respondent police registered a case

against the accused persons in Cr.No.211 of 2019 for the offence under

section 379 IPC, 1860, r/w.21(1) of Mines and Minerals Act and also

seized the above said vehicle for illegally transporting Cauvery river

sand. Seeking interim custody of the vehicle, the petitioner filed an

application before the trial court, but the trial court, by passing the

impugned order dismissed the same. Hence he prayed to set aside the

impugned order by allowing this Criminal Revision Case.

3. The learned Govt. Advocate (crl.side) submitted that the

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CRL.RC.No.588 of 2023

petitioner is having previous bad antecedents by involving in four

previous cases of similar in nature viz., Cr.No.407 of 2019, Cr.No.228 of

2019, Cr.No.535 of 2017 and Cr.No.532 of 2018. He further submitted

that the vehicle was already indulged by the petitioner in Cr.No.532 of

2017 for the offence under section 379 IPC r/w.21(i) of Mines and

Minerals Act. Thus, he objected for granting interim custody of the

vehicle.

4. Heard both sides and perused the materials available on record.

5. On perusal of records and First Information Report, it is seen that

the respondent police registered a case in Cr.No.211 of 2019 for the

offence under section 379 of IPC r/w.21(1) of Mines and Minerals Act on

2.5.2019 for illegally transporting Cauvery River sand and seized the

vehicle. Further, as per the information furnished by the learned Govt.

Advocate (crl.side), the petitioner is involved in the following four cases

viz., Cr.No.407 of 2019, Cr.No.228 of 2019, Cr.No.535 of 2017 and

Cr.No.532 of 2018 and the vehicle is also involved in similar type of

offences in Cr.No.532/2017 for the offence u/s.379 r/w.,21(i) of Mines

and Minerals Act. Since the petitioner has violated the condition imposed

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CRL.RC.No.588 of 2023

in the case in Cr.No.532 of 2017, while getting interim custody of this

vehicle and the same vehicle was again involved in Cr.No.211 of 2019

for committing similar type of offence, this Court is not inclined to grant

interim custody of the vehicle to the petitioner. Therefore, this Criminal

Revision Case is dismissed.

03.04.2023

msr

Index :yes/no

Internet:yes/no

To

1. The Principal Sessions Judge, Namakkal

2. The Inspector of Police,

Velur Police Station,

Namakkal District.

3. The Public Prosecutor,