BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.02.2026 CORAM:

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

The State of Tamilnadu, Rep By Inspector of Police, Thiruvegampethur Police Station, Sivagangai District.

Crime No.180 of 2025. ..Respondent PRAYER: Criminal Revision Petition is filed under Section 438 r/w 442 of BNSS, 2023 to call for the records and set aside the order in Crl.M.P.No.1832 of 2025 dated 27.11.2025 on the file of Judicial Magistrate Court, Devakottai, allow above Criminal Revision, direct to release of Vehicle bearing register No.TN-63-AK-2131.

For Petitioner : Mr.A.Karthick Kumar For Respondent : Mr.M.Karunanithi Government Advocate

ORDER

Heard Mr.A.Karthick Kumar, learned Counsel for Revision Petitioner and Mr.M.Karunanithi, learned Government Advocate (Crl.side) for Respondent.

2. The present Criminal Revision case has been filed to set aside the order of Judicial Magistrate Court, Devakottai, dated 27.11.2025 in Crl.M.P.No.1832 of 2025, whereby the petition under Section 497 and 503 of BNSS for interim custody of vehicle viz., Bharat Benz Lorry bearing Registration No.TN-63- AK-2131, Chassis No.MEC2411BDFP017631, Engine No.400950D0017958, was rejected on the premise that the earlier petition filed by petitioner in Crl.M.P.No.1690 of 2025 was dismissed on merits and there is no change in circumstances, after considering the objections raised by respondent police that case is under investigation and there are previous cases pending against petitioner which are similar in nature.

3. Mr.A.Karthick Kumar, learned Counsel for Revision Petitioner would submit that petitioner is owner of the vehicle viz., Bharat Benz Lorry bearing Registration No.TN-63-AK-2131, Chassis No.MEC2411BDFP017631, Engine No.400950D0017958. The said vehicle was seized by Respondent Police and a case was registered in Crime No.180 of 2025, dated 15.08.2025 for offence punishable under Section 303(2) of BNS, 2023 and Section 21(1) of Mines and Minerals (Development & Regulation) Act, 1957 alleging that petitioner illegally transported 4 units of sand. Petitioner has filed Crl.MP.No.1832 of 2025 before Judicial Magistrate Court, Devakottai, to grant interim custody of the said vehicle and the said petition was dismissed by the Court below by impugned order dated 27.11.2025 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 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.M.Karunanithi, learned Government Advocate (Crl. Side) appearing for respondent, who confirmed that Registration Certification stands in the name of petitioner. 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 proper