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Crl.R.C. No. 2853 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.01.2026

CORAM

THE HONOURABLE MR. JUSTICE SUNDER MOHAN

Crl.R.C. No. 2853 of 2025

Balaraman

S/o. Venu,

No. 397, Mettu Street,

Vinnavanur, Pachal Village,

Thiruvannamalai District. ..Petitioner

Vs.

The State rep. by

The Inspector of Police,

Madukkarai Police Station,

Coimbatore District.

(Cr. No. 318 of 2025) ..Respondent

Prayer: Criminal Revision Petition filed under Section 438 r/w 442 of

BNSS to call for records in connection with the order dated 07.10.2025

passed in C.M.P. No. 678 of 2025 by the learned District Munsif cum

Judicial Magistrate, Madukkarai, Coimbatore District, set aside the same and

consequently direct the respondent to return the vehicle bearing Registration

No. TN 25 BK 3979 Bolero Pickup to the petitioner.

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Crl.R.C. No. 2853 of 2025

For Petitioner :: Mr.A.K. Manikkam for

Mr.T. Saravanan

For Respondent :: Mr.R. Vinothraja,

Govt. Advocate (Crl.Side)

O R D E R

The revision challenges the dismissal of the petitioner’s

application seeking return of the vehicle bearing Registration No. TN 25 BK

3979 seized during the course of investigation in Crime No. 318 of 2025

registered for the offence under Section 5 of Explosive Substances Act,

1908.

2. It is the case of the prosecution that the petitioner is the

owner of the vehicle in question and explosive substances were transported

in the said vehicle for illegal sale in Kerala. The vehicle was seized during

the course of investigation.

3. The petitioner sought for return of vehicle before the

learned Magistrate by filing C.M.P. No. 678 of 2025, which was dismissed

by the impugned order on the ground that investigation is pending and that

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Crl.R.C. No. 2853 of 2025

the petitioner had failed to produce the mandatory Certificate of Safety

(Form CE-1) as prescribed under Part 6 of Schedule V of Explosives Rules,

2008.

4. Learned counsel for the petitioner would submit that it is not in

dispute that the petitioner has a valid licence; that the case of the prosecution

is that the petitioner had transported 1825 kilograms of explosives instead of

1250 Kgs being the quantity permissible under the licence; that the petitioner

had valid licence to transport it to Kerala and therefore, since the petitioner

is the owner of the vehicle, interim custody of the vehicle may be handed

over to him on stringent conditions. He would further submit that the

petitioner has no bad antecedents.

5. Learned Government Advocate (Crl.Side ), per contra,

would submit that the investigation is pending ; that the petitioner had

admitted of having transported explosives illegally to Kerala and therefore,

he is guilty of the offence; that the vehicle was used for the said purpose and

if the vehicle is returned, the petitioner is likely to commit similar offence.

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Crl.R.C. No. 2853 of 2025

6. Heard both sides.

7. Admittedly, the petitioner has licence to transport

explosives. The case of the prosecution is that he had transported explosives

beyond the permissible limit as per the licence. The petitioner is the owner

of the vehicle and he has got no bad antecedents. The vehicle is lying idle

and is subjected to vagaries of weather.

8. Considering all the above facts, this Court is inclined to

handover interim custody of the vehicle alone, bearing Registration No. TN

25 BK 3979 Bolero Pickup subject to the following conditions:

(i) The petitioner shall execute a bond for a

sum of Rs.2,00,000/- (Rupees Two lakhs only) with two

sureties each for a likesum to the satisfaction of learned

District Munsif cum Judicial Magistrate, Madukkarai,

Coimbatore District;

(ii) The original RC book shall be retained in

the custody of the Court below until further orders.

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Crl

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