IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.12.2025

CORAM:

THE HONOURABLE MR. JUSTICE SUNDER MOHAN

Muniyasamy ...Petitioner

-Vs-

State Rep. by

The Inspector of Police,

PEW City Police Station,

Coimbatore District.

Crime No.106 of 2025 ...Respondent

PRAYER: Criminal Revision Petition is filed under Sections 438 r/w 422 of BNSS, 2023, praying to set aside the order in Crl.M.P.No.675 of 2025 passed by the learned District Munsif cum Judicial Magistrate Court, Madukkarai,

dated 05.11.2025.

For Petitioner : Mr.M.N.Balakrishnan

For Respondent : Dr.C.E.Pratap,

Government Advocate (Crl.Side)

ORDER

The revision petition challenges the dismissal of the petitioner's application filed under Sections 4(1)(A), 4(1)(c) of TNP Amendment Act 2024, Section 24 of TNP Act, seeking interim custody of the Two Wheeler bearing registration No.TN 99 AA 2341.

2. It is the case of the prosecution that the petitioner’s vehicle was used for transporting 88 bottles of liquor; and that during the course of investigation, the petitioner’s vehicle was seized by the respondent police. The petitioner had sought for return of the vehicle, which was dismissed by the learned Magistrate on the ground that confiscation proceedings are pending.

3. The learned counsel for the petitioner would submit that the vehicle has been kept idle since the date of seizure (i.e.) 01.05.2025; and that he shall abide by any stringent conditions that may be imposed by this Court for return of his vehicle.

4. The learned Government Advocate (Crl.Side) per contra, would submit that confiscation proceedings have already been initiated and that show cause notice was issued to the petitioner on 16.10.2025 by the Deputy Commissioner of Police (Headquarters), Coimbatore City.

5. Heard the learned counsel for the petitioner as well as the learned Government Advocate (Crl.Side) appearing for the respondent and perused the materials available on record.

6. Admittedly, the petitioner is the owner of the vehicle. The vehicle is kept idle in an open place in the police station since 01.05.2025 and subjected to vagaries of the weather. In the light of the above, this Court is of the view that the petitioner would be the proper person entitled to interim custody and the vehicle can be returned to him on stringent conditions subject to the result of the confiscation proceedings.

7. Accordingly, this Criminal Revision Case is allowed and the impugned order dated 05.11.2025 made in Crl.M.P.No.675 of 2025 on the file of the learned District Munsif cum Judicial Magistrate Court, Madukkarai, is set aside. In view of the same, the respondent is directed to return the vehicle to the petitioner on the following conditions -

(i) The petitioner shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two sureties for a likesum to the satisfaction of the learned District Munsif cum Judicial Magistrate Court, Madukkarai;

SUNDER MOHAN, J.

(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 District Munsif cum Judicial Magistrate Court, Madukkarai, 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.

17.12.2025 cda To

1.The District Munsif cum Judicial Magistrate Court, Madukkarai.

2.The The Inspector of Police, PEW City Police Station, Coimbatore District.

3.The Public Prosecutor, High Court, Madras.