BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:10.02.2026 CORAM:

THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ R.Senguttuvan ... Petitioner Vs State Of Tamilnadu Rep By Inspector Of Police, Velayuthapalayam Police Station Karur.

(Crime No. 272/2025) ... Respondent Prayer: This Criminal Revision Case filed under Section 438 r/w 442 of BNSS, to call for the records relating to the order passed by the learned Judicial Magistrate No.II Karur in Crl.M.P.No.3205 of 2025 dated 20.01.2026 and to set aside the same and allow this revision petition.

For Petitioner : Mr.T.Veldurai For Respondent : Mr.M.Karunanithi Government Advocate

ORDER

Heard Mr.T.Veldurai, 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 dated 20.01.2026 passed by the learned Judicial Magistrate No. II, Karur, in Crl.M.P. No. 3205 of 2025, whereby the petition filed under Sections 497 and 503 of BNSS seeking interim custody of the vehicle, namely TVS XL 100 HD i- Touch Start bearing Registration No. TN-88-W-9887, was rejected on the premise that a show cause notice had been issued to the revision petitioner for confiscation; and that in view of Section 14(4) of the Tamil Nadu Prohibition Act, 1937, vehicle is liable to be detained by the Collector or any officer authorized by the State Government.

3. Mr.T.Veldurai, learned counsel for Revision Petitioner would submit that petitioner is owner of the vehicle viz.,TVS XL 100 HD i-Touch Start bearing Registration No. TN-88-W-9887 and the accused had borrowed the said vehicle for his personal use. He would submit that petitioner was unaware of the accused intent in using the vehicle for illegal transportation of liquor. The said vehicle was seized by Respondent Police and a case was registered in Crime No.272 of 2025, dated 02.10.2025 for offence punishable under Section 4(1)(C) and 4(1)(A) of TN Prohibition Act, alleging that one Anbalagan illegally transported 16 bottles with a label named DIRECTOR'S CLUB BRANDY with a capacity of 750 ml and tin beer bottle named BUDWEISER MAGNUM BERR with capacity of 500 ml. Petitioner has filed Crl.MP.No.3205 of 2025 before Judicial Magistrate No.II, Karur, to grant interim custody of the said vehicle and the said petition was dismissed by the Court below. 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 c