BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.01.2026 CORAM:

THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ S.Gowtham ..Petitioner Vs.

State of TamilNadu rep. by The Inspector of Police, Varusandadu Police Station, Theni District.

(Crime No.170 of 2025) ..Respondent PRAYER: Criminal Revision Petition is filed under Section 438 r/w 442 of BNSS, 2023 to call for the records and set aside the order dated 17.12.2025 made in Crl.M.P.No.3618 of 2025 on the file of the Learned Judicial Magistrate, Aundipatti and grant interim custody of Tractor bearing Reg.No.TN 60 AM

6046 along with trailer.

For Petitioner : Mr.T.T.Nishanth For Respondent : Mr.A.Thiruvadikumar Additional Public Prosecutor

ORDER

Heard Mr.T.T.Nishanth, 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 Learned Judicial Magistrate, Aundipatti dated 17.12.2025 in Crl.M.P.No.3618 of 2025, whereby the petition filed by petitioner under Section 497 and 503 of BNSS for interim custody of vehicle viz., Mahindra Tractor, bearing Registration No.TN 60 AM6046, was rejected on the premise that the vehicle involved in transportation of mines and minerals namely illegal sand mining which causes ecological imbalances according to the Learned Judicial Magistrate, Aundipatti.

3. Mr.T.T.Nishanth, learned Counsel for Revision Petitioner would submit that petitioner claims to be owner of the vehicle viz., Mahindra Tractor, bearing Registration No.TN 60 AM6046. The said vehicle was seized by the Respondent Police and a case was registered in Crime No.170 of 2025, dated 03.12.2025 for offence under Section 21(4) of Mines and Minerals (Development & Regulation) Act, 1957 and 303(2) of BNS, 2023, alleging that petitioner was illegally transporting one unit of river sand. The Petitioner has filed Crl.MP.No.3618 of 2025 before the Judicial Magistrate, Aundipatti, to grant interim custody of the said vehicle and the said petition was dismissed by the court below by the impugned order dated 07.12.2025 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 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 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 fourteen days from the production of the property