Crl.R.C.No.1125 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.06.2023

CORAM

THE HONOURABLE MR. JUSTICE V. SIVAGNANAM

CRL.R.C.NO.1125 OF 2023

Velmurugan

.. Petitioner

Vs

The State, represented by

its Sub-Inspector of Police,

Virudhachalam Police Station,

Cuddalore District.

Cr.No.182/2023

... Respondent

Prayer: Criminal Revision Case filed under section 397 r/w.401 Cr.P.C. to set

aside the order passed by the learned Judicial Magistrate No.I FAC,

Vridhachalam in Crl.M.P.No.1425 of 2023 dated 12.05.2023 and subsequently

grant custody of vehicle Ashok Leyland Tipper Lorry bearing Registration

No.TN 31 AQ 1539.

For Petitioner

: Mr.S. Saravanakumar

For Respondent

: Mr. R. Vinothraja, GA (crl.side)

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Crl.R.C.No.1125 of 2023

ORDER

This Criminal Revision case has been filed challenging the order of

dismissal dated 12.05.2023 passed by the Judicial Magistrate No.I, FAC,

Vridhachalam in Cr.M.P.No.1425 of 2023 seeking interim custody of the

vehicle viz., Ashok Leyland Tipper Lorry bearing Regn.No.TN 31 AQ 1539

to the petitioner.

2.The fact of the case is that the petitioner is the owner of the Ashok

Leyland Tipper Lorry bearing Regn.No.TN 31 AQ 1539. The respondent

police registered a case in Cr.No.182/2023 on 17.04.2023 for the offence

under section 379 IPC r/w.Section 21(1) of Mines and Minerals (Development

and Regulation ) Act 1957 against the petitioner for illegal transportation of 3

units of pebble stones without any valid permit. Pursuant to which, they have

seized the above said vehicle alleging that the vehicle has been engaged in

illegal transportation of pebble stones. Now the vehicle was kept under the

custody of the court below in C.P.No.25 of 2023. Since the petitioner is the

owner of the vehicle, he filed a petition in Crl.M.P.No.1425 of 2023 before the

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Crl.R.C.No.1125 of 2023

Judicial Magistrate No.I, FAC, Vridhachalam for return of property in

C.P.No.1425 of 2023. The trial court dismissed the petition on the ground that

in view of the decision laid down by this Court in Muthu Vs. State,the matter

relating return of vehicle involved in pebbles theft has to be made only before

the designated court and in view of the same, the petition is not maintainable.

3.The learned counsel for the petitioner submitted that the vehicle is not

involved in any previous case of offence of similar in nature. The vehicle has

been kept under the custody of the court from 17.04.2023 in C.P.No.25 of

2023 and if the vehicle is kept in open space under unconditional weather

conditions, the same would depreciate its value and user capacity.

4. Further, the learned counsel for the petitioner contended that no

purpose will be served in keeping the vehicle under the custody of respondent

police and if the vehicle is kept for a long time in the open space, it would

cause damage to the vehicle. The petitioner is ready to give appropriate

guarantee as well as security for return of vehicle and also he will produce the

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Crl.R.C.No.1125 of 2023

vehicle, as and when required either before the respondent police or before the

trial court. Hence, he prayed to return the vehicle and he is ready to obey any

condition imposed on him by this Court.

5. The learned Govt. Advocate (Crlside) objected to return of vehicle,

stating that the vehicle was used for illegal transportation of pebble stones

sand and if the vehicle is ordered to be returned, he may use the vehicle for

committing same offence. He fairly conceded that the vehicle is not involved

in any previous case of similar in nature.

6. Heard both sides and perused the entire materials available on record.

7.A perusal of the records would reveal that the officials of Geology

and Mining Department, Cuddalore, while conducting inspection, seized a

Tipper L