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

THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ S.Saravanan ... Petitioner Vs State of Tamilnadu Rep By Inspector of Police, Ramji Nagar Police Station, Trichy District.

(Crime No. 516/2025) ... Respondent Prayer: This Criminal Revision Case filed under Section 438 r/w 442 of BNSS, to call for the records pertaining to the order made in Crl.M.P.No.791 of 2026 on the file of the Judicial Magistrate No.III, Tiruchirappalli dated

29.01.2026 and set aside the same and pass such further or other orders.

For Petitioner : Mr.N.Ananda Kumar For Respondent : Mr.M.Karunanithi Government Advocate (Crl.side)

ORDER

Heard Mr.N.Anandakumar, 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 No.III, Tiruchirappalli, dated 29.01.2026 in Crl.M.P.No. 791 of 2026, whereby the petition under Section 497 and 503 of BNSS for interim custody of vehicle viz., Ashok Leyland Tipper Lorry, bearing Registration No.TN 20 AD 2666, was rejected on the premise that if the property is handed over to the petitioner, he will involve in similar kind of offence in future, and also taking into consideration of the fact that illegal sand mining and transportation have become a serious menace, posing grave threat to ecological balance, public property and community welfare; and thus no leniency need to be shown in petition for grant of interim custody of vehicle.

3. Mr.N.Ananda Kumar, learned Counsel for Revision Petitioner would submit that petitioner is owner of the vehicle viz., Ashok Leyland Tipper Lorry, bearing Registration No.TN 20 AD 2666. The said vehicle was seized by Respondent Police and a case was registered in Crime No.516 of 2025, dated 26.12.2025 for offence punishable under Section 303(2) of BNS and Section

21(4) of Mines and Minerals (Development & Regulation) Act, 1957, alleging that petitioner illegally transported three units of river sand. Petitioner has filed Crl.MP.No.791 of 2026 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 29.01.2026 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 property regarding