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Crl.R.C.(MD).No.1081 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 19.12.2025

CORAM

THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ

Crl.R.C.(MD).No.1081 of 2025

Nagamanickam Duraisamy ... Petitioner/A3

Vs.

State of Tamil Nadu through

The Forest Ranger,

FRO Oddanchatram,

Dindigul.

(WLOR No.9 of 2024) ... Respondent/Complainant

Prayer : Criminal Revision Petition filed under Section 438 and 442 of BNSS,

2023, to call for the records relating to the impugned order dated 21.01.2025

made in Cr.M.P.No.4111 of 2024 on the file of Judicial Magistrate,

Oddanchatram, in W.L.O.R.No.9 of 2024 on the file of the Oddanchatram FRO

and consequently direct the respondent to return the vehicle “Honda City Car

bearing Registration No.TN 14 J 3342” lying in the custody of the respondent

herein, to the petitioner till the conclusion of the criminal case.

For Petitioner : M/s.M.Muthu Kavitha

For Respondent : Mr.A.Thiruvadikumar

Additional Public Prosecutor

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Crl.R.C.(MD).No.1081 of 2025

ORDER

Heard M/s.M.Muthu Kavitha, learned counsel for revision petitioner and

Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor for respondent.

2. The present Criminal Revision Case has been filed to set aside the

order of learned Judicial Magistrate, Oddanchatram in Cr.M.P.No.4111 of 2024

dated 21.01.2025, whereby, the petition filed by petitioner under Section 497 of

BNSS for interim custody of vehicle viz., Honda City Car bearing Reg.No.TN

14 J 3342, was rejected on the premise that the vehicle was seized under

Section 39(1)(d) of the Wild Life (Protection) Act, 1972; that the respondent

has strongly objected to its release and that confiscation proceedings have been

initiated by the Authorized Officer.

3. Learned counsel for revision petitioner would submit that petitioner is

owner of the vehicle viz., Honda City Car bearing Reg.No.TN 14 J 3342. The

said vehicle was seized by the respondent and a case was registered in

WLOR.No.9 of 2024 for the offences under Section 51(1) r/w 9 of Wild Life

Protection Act, 1972 and Section 21(2) r/w 21(d)(h) of Tamil Nadu Forests Act,

1882, alleging that petitioner along with others had shot and consumed Asian

palm civet, an animal listed in Serial No.50 of Schedule-I of Wildlife Protection

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Crl.R.C.(MD).No.1081 of 2025

Act. Petitioner has filed Cr.M.P.No.4111 of 2024 before learned Judicial

Magistrate, Oddanchatram to grant interim custody of the said vehicle and the

said petition was dismissed by the court below vide impugned order dated

21.01.2025 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 vehicle and he would abide by any conditions that may be

imposed by this Court. In support thereof, he produced the copy of Registration

Certificate of said vehicle and the same was perused by Mr.A.Thiruvadi

Kumar, learned Additional Public Prosecutor for Respondent, who confirmed

that Registration Certificate stands in the name of petitioner.

5. Learned Additional Public Prosecutor would submit that the said

vehicle may be released subject to conditions and petitioner must co-operate in

confiscation proceedings and the same was agreed by learned counsel for

Revision Petitioner.

6. Before proceeding further, it may be relevant to refer to provisions of

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Crl.R.C.(MD).No.1081 of 2025

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 s