BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.02.2026 CORAM THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ Perumalsamy ... Petitioner Vs.

State of Tamil Nadu rep. by, The Inspector of Police, The Forest Ranger, Kovilpatti Range Officer, Kovilpatti Forest Range, Thoothukudi District.

(In Crime No.03/2025) ... Respondent Prayer : Criminal Revision Petition filed under Section 438 and 442 of BNSS, 2023, to call for the records relating to the order dated 08.09.2025 in Crl.M.P.No.1213 of 2025 in Crime No.03 of 2025 on the file of the learned Judicial Magistrate No.II, Kovilpatti, set aside the same and consequentially direct the learned Judicial Magistrate No.II, Kovilpatti to return the vehicle Maruthi Swift bearing TN-72 AC-0006 to the petitioner herein.

For Petitioner : Mr.M.Prabu For Respondent : Mr.M.Karunanithi Government Advocate (Crl. Side)

ORDER

Heard Mr.M.Prabu, 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.II, Kovilpatti in Crl.M.P.No.1213 of 2025 dated 08.09.2025, whereby, petition under Section 497 of BNSS for interim custody of vehicle viz., Maruthi Swift car bearing Reg.No.TN 72 AC 0006, was rejected on the premise that the vehicle is required for investigation after taking into consideration objections raised by the respondent.

3. Learned counsel for revision petitioner would submit that petitioner is owner of the vehicle viz., Maruthi Swift car bearing Reg.No.TN 72 AC 0006. The said vehicle was seized by the respondent and a case was registered in WLOR.No.3 of 2025 for the offences under Section 2(2), 2(16)(b)(c), 2(20), 2(33), 2(36), 2(37), 9, 39-1(a)(b)(d), 44(b), 49(A)(b), 49(B), 50, 51, 57 of Wild Life (Protection) Act, 1972, for hunting spotted deer, an animal listed in Serial No.11 of Schedule-II of Wild Life (Protection) Act. Petitioner has filed Crl.M.P.No.1213 of 2025 before learned Judicial Magistrate No.II, Kovilpatti to grant interim custody of the said vehicle and the said petition was dismissed by the court below vide impugned order dated 08.09.2025 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 vehicle and he would abide by any conditions that may be imposed by this Court. In support thereof, he produced the copy of Form 23-Form of Certificate of Registration and the same was perused by Mr.M.Karunanithi, learned Government Advocate (Crl. Side) for respondent, who confirmed that ownership is transferred in the name of petitioner.

5. Learned Government Advocate would submit that the said vehicle may be released subject to conditions and petitioner must co-operate in confiscation proceedings and the same was agreed 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 d