BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.01.2026 CORAM:

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Crl.R.C.(MD)No.1434 of 2025 Ajithkumar S/o. Balasubramanian ..Petitioner Vs.

The State of Tamilnadu, Rep.

by the Inspector of Police, Navalpattu Police Station Tiruchirappalli District.

Crime No.545 of 2025 ..Respondent PRAYER: Criminal Revision case is filed under Section 438 r/w.442 of BNSS, 2023, to call for the records and set aside the order passed in Crl.M.P.No.23166 of 2025 by the learned Judicial Magistrate No.III, Tiruchirappalli dated 13.10.2025 and order interim custody of Bharath Benz Tipper Lorry, bearing registration No.TN 48 AE 5837, and pass such other orders For Petitioner : M/s.A.Banumathy For Respondent : Mr.P.Kottaichamy Government Advocate (Crl.Side)

ORDER

Heard M/s.A.Banumathy, learned Counsel for Revision Petitioner and Mr.P.Kottaichamy, learned Government Advocate (Crl.side) for Respondent.

2. The present Criminal Revision case has been filed to set aside the order of Judicial Magistrate No.III, Tiruchirappalli, dated 13.10.2025 in Crl.M.P.No.23166 of 2025, whereby the petition under Section 497 & 503 of BNSS for interim custody of vehicle viz., Bharath Benz Tipper Lorry, bearing Registration No.TN 48 AE 5837, was rejected on the premise that the case is under investigation and that vehicle may be altered, if custody is granted to petitioner.

3. M/s.A.Banumathy, learned Counsel for Revision Petitioner would submit that petitioner is owner of the vehicle viz., Bharath Benz Tipper Lorry, bearing Registration No.TN 48 AE 5837. The said vehicle was seized by Respondent Police and a case was registered in Crime No.545 of 2025, for offence punishable under Sections 303(2) of BNS, 2023 and Section 21(4) of Mines and Minerals (Development and Regulation) Act, 1957, alleging that petitioner illegally transported gravel sand. Petitioner has filed Crl.MP.No.23166 of 2025 before the Judicial Magistrate No.III, Tiruchirappalli, to grant interim custody of the said vehicle and the said petition was dismissed by the court below by the impugned order dated 13.10.2025 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 that 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.P.Kotttaichamy, 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 property regarding which an offence appears to have been committed or which appears to have been used for the commission of any offence.

(2) The Court or the Magistrate shall, within a period of fourteen days f