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Crl.R.C.(MD)No.158 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 30.01.2026

CORAM:

THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ

Crl.R.C.(MD)No.158 of 2026

S.Chandru ..Petitioner

Vs.

1. The State of TamilNadu. rep. by,

The Inspector of Police,

Peravurani Police Station,

Thanjavur District.

(Crime No.632 of 2022)

2. Ramani ..Respondents

PRAYER: Criminal Revision Petition is filed under Section 438 r/w 442 of

BNSS, 2023 to call for the records pertaining to the order dated 27.10.2025

made in Cr.M.P.No.2346 of 2025 on the file of the Learned District Munsif cum

Judicial Magistrate, Peravurani and set aside the order and direct the respondent

herein to grant the interim custody of the vehicle viz., Swaraj Mazda Bearing

Registration No.TN 39 CW 8582, which has been seized by the respondent

herein in Crime No.52 of 2025.

For Petitioner : Mr.K.M.Karunakaran

For Respondent : Mr.M.Karunanithi

Government Advocate

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Crl.R.C.(MD)No.158 of 2026

ORDER

Heard Mr.K.M.Karunakaran, learned counsel for revision petitioner and

Mr.M.Karunanithi, learned Government Advocate for 1^st respondent.

2. The present Criminal Revision Case has been filed to set aside the

order of District Munsif cum Judicial Magistrate, Peravurani dated 27.10.2025

in Crime No.52 of 2025, whereby, the petition under Section 497 and 503 of

BNSS for interim custody of vehicle viz., Swaraj Mazda bearing Registration

No.TN 39 CW 8582, was rejected.

3. Learned counsel for revision petitioner would submit that petitioner

purchased the vehicle, viz., Swaraj Mazda bearing Registration No.TN 39 CW

8582 from the second respondent 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.52 of 2025 dated 06.02.2025 for offences punishable

under Section 303(2) of BNS, 2023 and Section 21(1) of Mines and Minerals

(Development and Regulation) Act, 1957, alleging that petitioner illegally

transported 1 ½ units of river sand. Petitioner has filed Cr.M.P.No.2346 of 2025

before the District Munsif cum Judicial Magistrate, Peravurani, to grant interim

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Crl.R.C.(MD)No.158 of 2026

custody of the said vehicle and the said petition was dismissed by the Court

below by the impugned order dated 27.10.2025. Hence, this Criminal Revision

Case has been filed.

4. Learned counsel for petitioner, by placing reliance on delivery note,

sale receipt, transfer of insurance, Form 29 and Form 30 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:-

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Crl.R.C.(MD)No.158 of 2026

"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 pur