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

1.The State of Tamil Nadu rep. by, The Inspector of Police, Adiramapattinam Police Station, Thanjavur District.

(Crime No.261 of 2025)

2.Syedmeera ... Respondents Prayer : Criminal Revision Petition filed under Section 438 and 442 of BNSS, 2023, to call for the records pertaining to the order dated 21.11.2025 made in Cr.M.P.No.3477 of 2025 on the file of the learned Judicial Magistrate, Pattukkottai and set aside the order and direct the respondent herein to grant the interim custody of the vehicle viz., Maxx Maxi Truck DX bearing Registration No.TN 50 X 7582, which has been seized by the respondent herein in Crime No.261 of 2025.

For Petitioner : Mr.K.M.Karunakaran For R-1 : Mr.P.Kottaichamy Government Advocate (Crl. Side)

ORDER

Heard Mr.K.M.Karunakaran, learned counsel for petitioner and Mr.P.Kottaichamy, learned Government Advocate (Crl. Side) appearing for first respondent.

2. The present Criminal Revision Case has been filed to set aside the order of Judicial Magistrate, Pattukottai dated 21.11.2025 in Cr.M.P.No.3477 of 2025, whereby, the petition under Section 497 and 503 of BNSS for interim custody of vehicle viz., Maxx Maxi Truck DX bearing Registration No.TN 50 X 7582, was rejected on the premise that the case is under investigation after taking into consideration objections raised by respondent Police that if the vehicle is handed over to petitioner, it may be sold or mortgaged.

3. Learned counsel for revision petitioner would submit that petitioner purchased the vehicle, viz., Maxx Maxi Truck DX bearing Registration No.TN 50 X 7582 from the second respondent on 11.05.2025 and name transfer of the said vehicle is under process. The said vehicle was seized by respondent Police and a case was registered in Crime No.261 of 2025 dated 15.05.2025 for offences punishable under Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957, Section 303(2) and 281 of BNS, alleging that petitioner illegally transported ½ unit of river sand. Petitioner has filed Cr.M.P.No.3477 of 2025 before the Judicial Magistrate, Pattukkottai, to grant interim custody of the said vehicle and the said petition was dismissed by the Court below by the impugned order dated 21.11.2025 for the reasons stated supra. Hence, this Criminal Revision Case has been filed.

4. Learned counsel for petitioner, by placing reliance on delivery note and sale receipt of the said vehicle, would submit that petitioner is lawful owner of the said vehicle and he would abide by any conditions that may be imposed by this Court.

5. Learned Government Advocate (Crl.side) would submit that Registration Certificate continues to remain in the name of second respondent and the name transfer may be effected within the period stipulated by this Court. In these circumstances, 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