IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 12.12.2025 CORAM THE HONOURABLE MR.JUSTICE SUNDER MOHAN Rajuram ... Petitioner Vs.

1. State represented by The Inspector of Police, Sulur Police Station, Coimbatore District.

Crime No.521 of 2024 ... Respondent Prayer: Criminal Revision Case filed under Section 483/442 of BNSS, 2023, to set aside the order in Crl.M.P.No.216 of 2025 passed by the learned Judicial Magistrate Court, Sulur dated 19.03.2025. For Appellant : Mr.M.N.Balakrishnan For Respondent : Mr.C.E.Pratap Government Advocate (Crl. Side)

ORDER

The revision challenges the order dated 19.03.2025 passed by the learned Magistrate in C.M.P.No.216 of 2025 on the file of the Judicial Magistrate Court, Sulur, dismissing the petitioner’s application for the return of his vehicle, alleged to have been involved in Crime No.152 of 2024 registered for the offences under Section 24(1) of the Cigarettes and Other Tobacco Products Act, 2003, and Section 123 of the Bharatiya Nyaya Sanhita, 2023.

2. It is the case of the respondent that the accused had transported banned tobacco products in the car belonging to the petitioner and that the petitioner is not an accused in the case.

3. The petitioner sought for interim custody of the vehicle before the learned Magistrate in C.M.P.No.216 of 2025 and the learned Magistrate dismissed the petition on the ground that the petitioner is not entitled to interim custody of the vehicle considering the quantity of the tobacco products.

4. The learned counsel for the petitioner would submit that the vehicle has been subjected to the vagaries of weather ever since its seizure and that therefore, he is entitled to interim custody.

5. The learned Government Advocate (Crl.Side) appearing for the respondent would submit that no confiscation proceedings have been initiated so far.

6. Considering the fact that the petitioner is the owner of the vehicle and not an accused, this Court is inclined to direct the handing over of interim custody of the vehicle bearing Registration No. KA-03-MP-0948 to the petitioner on the following conditions.

(i) The petitioner shall execute a personal bond for a sum of Rs.3,00,000/- (Rupees Three Lakhs only) with two sureties for a likesum to the satisfaction of the learned Judicial Magistrate Court, Sulur;

(ii) The petitioner shall produce the original RC Book along with a self-attested Photostat copy of the RC Book of the vehicle and other relevant records to prove his ownership. The learned Judicial Magistrate Court, Sulur, shall peruse the RC book and other records, retain a xerox copy of the same and return the original RC book to the petitioner;

(iii) The petitioner shall not alter or alienate the vehicle in any manner;

(iv) The petitioner shall also give an undertaking that he will produce the vehicle as and when required by the respondent and by the Court below.

(v) The return of property would be subject to the result of the confiscation proceedings, if any.

7. With the above observations, this Criminal Revision Case is allowed.

12.12.2025 Index : Yes/No Speaking Order/Non Speaking Order Mac SUNDER MOHAN, J.

Mac To

1. The Judicial Magistrate Court, Sulur

2.The Inspector of Police, Sulur Police Station, Coimbatore District.

3.The Public Prosecutor, High Court, Madras.

12.12.2025