BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 15.12.2025

CORAM:

THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ

Vengadeshwaran ... Petitioner

Vs

1. The State of Tamil Nadu, Rep.,

By the Special Sub Inspector of Police,

Namanasamuthiram Police Station,

Pudukkottai District.

In Crime No.22 of 2025.

2. Gopal ... Respondents

Prayer: This Criminal Revision Case filed under Section 438 r/w 442 of BNSS call for the records relating to set aside the order passed in Cr.M.P.No.151 of 2025 in R.P.No.1660 of 2025 on the file of the learned District Munsif cum Judicial Magistrate, Thirumayam, Pudukottai District dated, 09.05.2025 in

connection with crime No.22 of 2025 on the file of the respondent police.

For Petitioner : Mr.S.Vimal Raj

For R1 : Mr.A.Thiruvadi Kumar

Additional Public Prosecutor

ORDER

Heard Mr.S.Vimal Raj, learned Counsel for Revision Petitioner and Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor for the first Respondent.

2. The present Criminal Revision Petition has been filed to set aside the order of District Munsif cum Judicial Magistrate, Thirumayam, Pudukottai District, dated 09.05.2025 in Cr.M.P.No.151 of 2025 in R.P.No.1660 of 2025, whereby the petition filed by petitioner under Section 497 of BNSS for interim custody of vehicle viz., Swaraj Mustha Tractor, bearing Registration No.TN 97 9544, was rejected on the premise that the property belongs to 2^nd respondent and that, at the time of seizure, petitioner had neither any permit nor any licence to use the vehicle for transporting minerals.

3. Mr.S.Vimal Raj, learned Counsel for Revision Petitioner would submit that petitioner claims to be owner of the vehicle viz., Swaraj Mustha Tractor, bearing Registration No.TN 97 9544, who has purchased the same from one Gopal on 02.12.2024. The said vehicle was seized by the Respondent Police and a case was registered in Crime No.22 of 2025, dated 28.02.2025 for offence Section 21(1) of Mines and Minerals (Development & Regulation) Act, 1957 and 303(2) of BNS, 2023, alleging that petitioner was illegally transporting one unit of gravel sand. The Petitioner has filed Cr.MP.No. 151 of 2025 before the District Munsif cum Judicial Magistrate, Thirumayam, Pudukottai District, to grant interim custody of the said vehicle and the said petition was dismissed by the court below by the impugned order dated 09.05.2025 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 copy of the sale agreement of said vehicle and the same was perused by Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor appearing for 1^st respondent who confirmed that petitioner is the lawful owner of the subject vehicle.

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 learned counsel for 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 regar