BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.02.2026 CORAM:

THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ Parthiban ... Petitioner Vs

1.The State of Tamil Nadu, Represented through, The Inspector of Police, Elayirampannai Police Station, Virudhunagar District. Crime No.181 of 2025.

2.Ayyanasamy

3.Madasamy ... Respondents Prayer: This Criminal Revision Case filed under Section 438 r/w 442 of BNSS, to call for the records from Judicial Magistrate No.1, Sattur and duly set aside the order dated 01.12.2025 in Crl.M.P.No.246 of 2025 by allowing this revision.

For Petitioner : Mr.N.Mariappan For R-1 : Mr.M.Karunanithi Government Advocate For R-2 & R-3 : Mr.L.Prabhakaran

ORDER

Heard Mr.N.Mariappan, learned Counsel for Revision Petitioner and Mr.M.Karunanithi, learned Government Advocate for 1^st Respondent and Mr.L.Prabhakaran, learned Counsel for Respondents 2 and 3.

2. The present Criminal Revision case has been filed to set aside the order dated 01.12.2025 passed by Judicial Magistrate No.1, Sattur, in Crl.M.P.No.246 of 2025, whereby the petition under Section 497 and 503 of BNS for interim custody of vehicle viz., Tractor, bearing Registration No.TN 45 X 6859 and Trailer bearing Registration No.TN 76 Z 7951, was rejected on the premise that procedure for transfer of ownership and permit of vehicle has not been complied with in terms of Sections 50 and 66 of Motor Vehicles Act and Rule 53 of Central Motor Vehicle Rules and that, there were suspicions in the documents.

3. Mr.N.Mariappan, learned Counsel for Revision Petitioner would submit that Petitioner purchased the Tractor bearing Registration No.TN 45 X 6859 and Trailer bearing Registration No.TN 76 Z 7951 from Respondents 2 and 3 respectively. Sale agreements to that effect were executed between the Petitioner and Respondents 2 and 3 on 20.07.2024 and 22.08.2024 respectively.

Petitioner has been in possession of the said tractor and trailer since then. The said vehicle was seized by Respondent Police and a case was registered in Crime No.181 of 2025, dated 10.09.2025 for offence punishable under Section 303(2) of BNS, 2023 and Sections 4(1) (1A), 21(1) of Mines and Minerals Act. Petitioner has filed Crl.M.P.No.246 of 2025 before Judicial Magistrate No.1, Sattur to grant interim custody of the said vehicle and the said petition was dismissed by the Court below by the impugned order dated 01.12.2025 for the reasons stated supra. Hence, this Criminal Revision Case has been filed.

4. Learned counsel for petitioner would submit by placing reliance on sale certificate executed by Respondents 2 and 3 in favour of Petitioner that petitioner is the lawful owner of the vehicle and that he would abide by any conditions that may be imposed by this Court.

5. Learned Government Advocate would submit that Registration Certificate continues to remain in the name of Respondents 2 and 3 and the name transfer may be effected within the period stipulated by this Court. In these circumstances, he would submit that the said vehicle may be released subject to conditions. He would also submit that, in case, confiscation proceedings are being initiated, petitioner must co-operate and the same was agreed to by the learned counsel for the 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) pr