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Crl.R.C.(MD)No.150 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 29.01.2026

CORAM:

THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ

Crl.R.C.(MD)No.150 of 2026

Arjunan ... Petitioner

Vs

State of Tamilnadu Rep By

the Inspector of Police,

Ramajee Nagar Police Station

Thiruchirappalli District.

(Crime No.471/2025) ... Respondent

Prayer: This Criminal Revision Case filed under Section 438 r/w 442 of

BNSS, to call for the records and set aside the order, dated 18.12.2025 passed in

Crl.M.P.No.26870/2025 by the Learned Judicial Magistrate Court No.III,

Thiruchirappalli and to release the petitioner Vehicles 1.Ashok Leyland tipper

Lorry, bearing Registration No.TN-47-Q-5652, 2. Tipper Lorry, bearing

Registration No.TN-46-1719 and 3.JCB 3 DX Backhoe loader, bearing

registration No.TN-48-Q-6892 and allow the above Revision Case.

For Petitioner : Mr.S.Ramakrishnan

For Respondent : Mr.M.Karunanithi

Government Advocate (crl.side)

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Crl.R.C.(MD)No.150 of 2026

ORDER

Heard Mr.S.Ramakrishnan, learned Counsel for Revision Petitioner and

Mr.M.Karunanithi, 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 Court No.III, Tiruchirappalli, dated 18.12.2025 in

Crl.M.P.No.26870 of 2025, whereby petition under Sections 497 & 503 of

BNSS for interim custody of vehicles viz., 1.Ashok Leyland tipper Lorry

bearing Registration No.TN-47-Q-5652, 2. Tipper Lorry bearing Registration

No.TN-46-1719 and 3.JCB 3 DX Backhoe loader, bearing registration

No.TN-48-Q-6892, was rejected on the premise that if the said vehicles are

handed over to petitioner, there is a possibility of committing similar offences,

and vehicles may be altered without being produced for trial.

3. Mr.S.Ramakrishnan, learned Counsel for Revision Petitioner would

submit that petitioner is owner of the aforesaid vehicles. The said vehicles were

seized by the Respondent Police and a case was registered in Crime No.471 of

2025, dated 15.11.2025 for offence punishable under section 303(2) of BNS and

Section 21(4) of Mines and Minerals (Development & Regulation) Act, 1957,

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Crl.R.C.(MD)No.150 of 2026

alleging that petitioner illegally transported 4 units of gravel sand each in two

lorries. Petitioner has filed Crl.MP.No.26870 of 2025 before Judicial Magistrate

No.III, Tiruchirappalli, to grant interim custody of the said vehicles and the said

petition was dismissed by Court below by impugned order dated 18.12.2025 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 vehicles and that he would abide by any conditions that

may be imposed by this Court. In support thereof, he produced the copies of RC

Book of said vehicles and the same was perused by Mr.M.Karunanithi, learned

Government Advocate (Crl.side) appearing for respondent, who confirmed that

Registration Certificates of the subject vehicles are in the name of petitioner.

5. Learned Government Advocate (Crl.side) would submit that the said

vehicles 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.

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Crl.R.C.(MD)No.150 of 2026

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 in