BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 15.12.2025

CORAM:

THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ

Rajan Chellappa ... Petitioner

Vs

The State of Tamil Nadu,

Rep. by the Inspector of Police,

Nilakkottai Police Station,

Dindigul District.

(In Crime No. 31/2017). ... Respondent

Prayer: This Criminal Revision Case filed under Section 438 r/w 442 of BNSS to call for the records and set aside the order made in Crl.M.P.No.800/2025

dated 19.08.2025 on the file of Judicial Magistrate Court, Nilakkottai.

For Petitioner : Mr.V.P.Rajan,

For Respondent : Mr.A.Thiruvadi Kumar

Additional Public Prosecutor

ORDER

Heard Mr.V.P.Rajan, learned Counsel for Revision Petitioner and

Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor for Respondent.

2. The present Criminal Revision Petition has been filed to set aside the order of Judicial Magistrate Court, Nilakkottai, dated 19.08.2025 in Crl.M.P.No. 800/2025, whereby the petition filed by petitioner under Section 503 and 497 of BNSS for interim custody of vehicle viz., SWARAJ 735 Tractor 2014, bearing Registration No.TN 79 A 0873, remanded in RPR No.68 of 2017, was rejected on the premise that RC book stands in the name of one Sakthivel and hence petitioner is not the owner of the vehicle and he has failed to establish his ownership by adducing any documents.

3. Mr.V.P.Rajan, learned Counsel for Revision Petitioner would submit that petitioner claims to be owner of the vehicle viz., SWARAJ 735 Tractor 2014, bearing Registration No.TN 79 A 0873, who has purchased the same from one K.Sakthivel on 15.01.2017. The said vehicle was seized by the Respondent Police and a case was registered in Crime No.31 of 2017, dated 23.02.2017 for offence Section 379 of IPC alleging that petitioner was illegally transporting one unit of river sand from Vaigai bedrock. The Petitioner has filed Crl.MP.No. 800 of 2025 before the Judicial Magistrate, Nilakottai, to grant interim custody of the said vehicle and the said petition was dismissed by the court below by the impugned order dated 19.08.2025 for the reasons stated supra. Hence, this Criminal Revision Case has been filed.

4. Learned Counsel for Petitioner would further submit that petitioner is the lawful owner and that he would abide by any conditions that may be imposed by this Court. In support thereof, he produced the Registration Certificate of the said vehicle before this Court, whereby ownership of the vehicle is transferred in the name of petitioner and the same was perused by Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor appearing for the respondent who confirmed that R.C book of the subject vehicle stands in the name of petitioner.

5. Learned Additional Public Prosecutor submit that the said vehicle may be released subject to conditions and in case, confiscation proceedings are being initiated, petitioner must co-operate and the same was agreed to by the learned counsel for the Revision Petitioner.

6. Before proceeding further, it may be relevant to refer to provisions of Sections 497 and 503 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which reads as follows:-

"497. Order for custody and disposal of property pending trial in certain cases.-When any property is produced before any Criminal Court during any inquiry or trial, the Court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the inquiry or trial, and, if the property is subject to speedy and natural decay, or if it is otherwise expedient so to do, the Court may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of.

Explanation.- For the purposes of this section," property" includes-

(a) property of any kind or document which is produced before the Court or which is in its custody, (b) any property regarding which an offence appears to have been committed or which appears to have been used for the commission of any offence.

(2) The Court or the Magistrate shall, within a period of fourtee