BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.01.2026 CORAM THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl.O.P.(MD).No.3929 of 2025 Kabilraja, ... Petitioner Vs.

The State of Tamilnadu, Rep by the Inspector of Police, Rajathani Police Station, Theni District.

(Crime no.156/2024) .... Respondent / complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, To call for the records relating to the order dt. 12.09.2024 in Crl RC No.24/2024 on the file of the Honble Principal Sessions Judge, Theni confirmed by the order dt.03.08.2024 in Crl MP No.3569/2024 on the file of the Learned Judicial Magistrate, Aundipatti, set aside the same as illegal and consequentially direct the Learned Judicial Magistrate, Aundipatti to return the vehicle bearing Reg.No.TN-57-BZ-3209 to the petitioner herein and thus render justice.

For Petitioner : Mr.J.Senthilkumaraiah For Respondent : Mr.S.Ravi, Additional Public Prosecutor

ORDER

Preface:

The jurisdiction of this Court under Section 482 ??.?.?., 1973, / Section 528 BNSS, 2023, is intended to prevent abuse of process and to secure the ends of justice. It is neither a substitute for statutory remedies nor a device to circumvent an express bar under the Code.

2. The present petition is filed seeking to call for the records and set aside (i) the order dated 12.09.2024 passed by the learned Principal Sessions Judge, Theni, in Crl.R.C.No.24 of 2024, confirming (ii) the order dated 03.08.2024 passed by the learned Judicial Magistrate, Aundipatti in Crl.M.P.No.3569 of 2024, by which interim custody of the seized vehicle viz., Mahindra Tractor bearing Reg.No.TN-57-BZ-3209 was declined.

Case of the prosecution:

3. The case of the prosecution is that on 09.07.2024 at about

05.00 a.m., during patrol, the accused persons were found to have excavated and illegally transported river sand using a JCB and other tractors, including the petitioner's tractor TN-57-BZ-3209, without any permit. On the above allegation, the respondent police registered Crime No. 156 of 2024 for offences under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 21(4) of the MMDR Act, 1957. The vehicle was seized and produced before the jurisdictional Court and remanded in R.P.R.No.109 of 2024.

Case of the petitioner:

4. The petitioner claims to be the owner of the tractor and states that it is used for personal and rental purposes and that his livelihood depends on the income derived therefrom. The petitioner moved the learned Judicial Magistrate, Aundipatti, seeking interim custody under Section 451 Cr.P.C., 1973, (stated as Section 497 BNSS in the Magistrate's order). The learned Magistrate dismissed the application on 03.08.2024 mainly on the reasoning that the vehicle was involved in the alleged offence relating to natural resources and that release may facilitate repetition of the offence.

5. Aggrieved, the petitioner preferred Crl.R.C.No.24 of 2024 before the learned Principal Sessions Judge, Theni. The Revisional Court, by order dated 12.09.2024, confirmed the dismissal, observing that the allegation pertains to illegal sand theft/transport and that there was no ground to interfere. The petitioner also admits that he had earlier filed Crl.O.P. (MD) No. 19523 of 2024 challenging the Revisional order and that the same was withdrawn on

12.11.2024.

Grounds urged in the present petition:

6. The petitioner contends that the Courts below failed to consider (i) his ownership and production of documents, (ii) deterioration of the vehicle by prolonged exposure, (iii) that he is not an accused and had no knowledge of the alleged occurrence, and (iv) settled principles that seized vehicles should not be kept idle and may be released on conditions.

Submissions:

7. The learned counsel for the petitioner submitted that the tractor has remained in custody for nearly a year, that refusal of interim custody results in undue hardship and deterioration, and that this Court may exercise inherent powers to secure