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

THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ Crl.R.C.(MD)No. 1355 of 2025 Gowri ... Petitioner Vs State of Tamil Nadu, Represented By, Inspector of Police, Pandhanallur Police Station, Thanjavur District.

(Crime No. 495 of 2024) ... Respondent Prayer: This Criminal Revision Case filed under Section 438 r/w 442 of BNSS, to call for the records pertaining to the order passed in Cr.M.P.No.248 of 2025 on the file of District Munsif cum Judicial Magistrate Court, Thiruvidaimarudhur, dated 22.07.2025 and set aside the same by allowing the revision petition.

For Petitioner : Mr.R.Ponkarthikeyan For Respondent : Mr.Vaikkam Karunanithi Government Advocate

ORDER

Heard Mr.R.Ponkarthikeyan, learned Counsel for Revision Petitioner and Mr.Vaikkam Karunanithi, learned Government Advocate for Respondent. 2. Present Criminal Revision case has been filed to set aside the order dated 22.07.2025 made in Cr.M.P.No.248 of 2025 passed by District Munsif cum Judicial Magistrate Court, Thiruvidaimarudhur, whereby the petition under Section 497 and 503 of BNSS for interim custody of Mahindra 475D1 Red Colour vehicle bearing Registration No.TN-49-V-3118, was rejected on the premise that the country's natural resources had been exploited; that the petitioner may involve in similar offences if custody of vehicle is granted. 3. Mr.R.Ponkarthikeyan, learned Counsel for Revision Petitioner would submit that petitioner purchased Mahindra 475D1 Red Colour vehicle bearing Registration No.TN-49-V-3118 from one Narayanan. The said vehicle was seized by Respondent Police and a case was registered in Crime No.495 of 2024, dated 13.10.2024 for offence punishable under Sections 303(2) of BNS Act, 2023 and 21(1) of Mines and Minerals (Development & Regulation) Act, 1957, alleging that Petitioner was illegally transporting gravel sand. Petitioner has filed Cr.M.P.No.248 of 2025 before District Munsif cum Judicial Magistrate Court, Thiruvidaimarudhur, to grant interim custody of the said vehicle and the said petition was dismissed by the Court below by the impugned order dated 22.07.2025 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 of the said vehicle and she would abide by any conditions that may be imposed by this Court. In support thereof, he produced the documents pertaining to the ownership of the vehicle and assured that the name transfer would be effected in due course of time.

5. Learned Government Advocate would submit that Registration Certificate continues to remain in the name of one R.Narayanan 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) 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