BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.01.2026 CORAM:

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Crl.R.C.(MD)No.1698 of 2025 Sobitharaj S/o. Rajaiyan ..Petitioner Vs.

The State of Tamilnadu, Rep.

by The Sub Inspector of Police, Kulasekharam Police Station Kanyakumari District.

In Crime No. 75 of 2025. ..Respondent PRAYER: Criminal Revision case is filed under Section 438 r/w.442 of BNSS, 2023, to call for the records relating to the order dated 11.08.2025 in Crl.M.P.No.485 of 2025 in C.C.No.326 of 2025 passed by the Learned Judicial Magistrate No. II, Padmanabhapuram, Kannyakumari District and set aside the same and consequently direct the learned Judicial Magistrate No.II, Padmanabhapuram to release the petitioner's vehicle bearing Registration No. TN 75 J 8574, Light Goods Vehicle 105 TATASFC407/31 Tempo.

For Petitioner : M/s.G.R.Sathish For Respondent : Mr.P.Kottaichamy Government Advocate (Crl.Side)

ORDER

Heard M/s.G.R.Satish, learned Counsel for Revision Petitioner and Mr.P.Kottaichamy, learned Government Advocate (Crl.Side) for the Respondent.

2. The present Criminal Revision case has been filed to set aside the order of Judicial Magistrate No.II, Padmanabhapuram, dated 11.08.2025 in Crl.M.P.No.485 of 2025, whereby the petition filed by petitioner under Section 497 & 503 of BNSS for interim custody of vehicle viz., Light Goods Vehicle 105 TATASFC407/31 Tempo, bearing Registration No.TN 75 J 8574, was rejected on the premise that there is a possibility of committing similar offence if the vehicle is returned to petitioner.

3. M/s.G.R.Satish, learned Counsel for Revision Petitioner would submit that petitioner claims to be owner of the vehicle viz., Light Goods Vehicle 105 TATASFC407/31 Tempo, bearing Registration No.TN 75 J 8574. The said vehicle was seized by the Respondent Police and a case was registered in Crime No.75 of 2025 dated 03.03.2025, for offences punishable under Sections 303 of BNS, 2023 and 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 alleging that petitioner illegally transported one unit of M-sand. Petitioner has filed Crl.MP.No.485 of 2025 before Judicial Magistrate No.II, Padmanabhapuram, to grant interim custody of the said vehicle and the said petition was dismissed by Court below by impugned order dated 11.08.2025 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 owner of the said vehicle and that he would abide by any conditions that may be imposed by this Court. In support thereof, he produced the copy of RC Book of said vehicle and the same was perused by Mr.P.Kottaichamy, learned Government Advocate (Crl.side) appearing for respondent who confirmed that petitioner is the owner of the subject vehicle.

5. Learned Government Advocate (Crl.Side) would 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