IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.09.2021

CORAM

THE HONOURABLE MR. JUSTICE P.VELMURUGAN

CRL.RC.NOS.545 and 546 of 2021

Serlin Esther

...Petitioner in Crl.RC.No.545 of 2021

Immanual Praveen

...Petitioner in Crl.RC.No.546 of 2021

Vs

State: Represented

The Inspector of Police,

Annur Police Station

In Crime No.213/2021

...Respondent in both Crl.RCs.

Prayer in Crl.RC.No.545 of 2021: Criminal Revision is filed

under Section 397 read with 401 of Code of Criminal Procedure

praying to set aside the order of dismissal passed by the

Hon'ble Principal District & Session Judge at Coimbatore in

Crl.MP.No.2421 of 2021 by order dated 06.07.2021 and allowed

this Criminal Revision Petition for released the petitioner

Mobile Phone Model: REDMI NOTE 8, NEPTUNE BLUE, 4GB RAM, 64 GB

STORAGE, BO7X1KT6LD, IMEI1; 868269048070793, IMEI2.

Prayer in Crl.RC.No.546 of 2021: Criminal Revision is filed

under Section 397 read with 401 of Code of Criminal Procedure

praying to set aside the order of dismissal passed by the

Hon'ble Principal District & Session Judge at Coimbatore in

Crl.MP.No.2419 of 2021 by order dated 06.07.2021 and allowed

this Criminal Revision Petition for released the petitioner TWO

WHEELER VEHICLE MODEL: HONDA ACTIVA 3G BS III, GREY COLOUR,

VEHICLE No. TN40L8970, CHASSIS No. ME4JF505CGT175023, ENGINE No:

JF50ET3175345.

In Both Crl.RCs.;

For Petitioners :

M/S.M.Ravindhar

For Respondent :

Mr.S.Sugendran

Government Advocate(Crl.Side)

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

COMMON ORDER

(The case has been heard through video conference)

The Criminal Revision petitions have been filed against the

orders of dismissal passed by the learned Principal District &

Session Judge, Coimbatore in Crl.MP.No.2421 of 2021 and

Crl.MP.No.2419 of 2021 dated 06.07.2021.

2. The Respondent police registered the case in Crime No.213

of 2021 against the the petitioner in Crl.RC.No.546 of 2021 and

one Boobaln for the offence under Section 7, 20(2) of Cigarette

and Other Tobacco Products Act 2003 (COPTA Act) R/W Section 273

and 328 of IPC. During the course of investigation, the

respondent police seized a cell phone (Model: REDMI NOTE 8,

NEPTUNE BLUE, 4GB RAM, 64 GB STORAGE, BO7X1KT6LD, IMEI1;

868269048070793, IMEI2) and a two wheeler (Model: Honda Activa

3G BS III, Grey colour, Vehicle No.TN40L8970, Chassis No.

ME4JF505CGT175023, Engine No: JF50ET3175345) along with the

Tobacco products alleged to have been transported illegally by

the accused persons. During pendency of investigation, the

petitioners who are the owners of the said cell phone and two

wheeler had approached the learned Principal District & Session

Judge, Coimbatore by filing petitions in Crl.MP.No.2421 of 2021

and Crl.M.P.No.2419 of 2021 under Section 451 read with 457

Cr.P.C. for return of properties and the learned Principal

District & Session Judge, dismissed the petitions by orders

dated 06.07.2021. Challenging the said orders of dismissal, the

petitioners have filed the present revision before this Court.

3. The learned Counsel for the petitioners would submit that

the petitioners are the owners of the said cell phone and two

wheeler and they are no way connected with the alleged offence.

Whereas, the learned Magistrate without considering the fact

simply dismissed the petitions filed by the petitioners for the

reason that the investigation is not completed. He would submit

that the petitioners are seeking only interim custody of the

properties and they are ready to produce the same as and when

required by the authorities concerned.

4.The learned Government Advocate (Crl. Side) would submit

that the charge sheet is not yet filed.

5.Heard the learned Counsel for the petitioners and the

learned Government Advocate (Crl. Side) and perused the

materials on records.

6. D