Seized vehicles should not be detained indefinitely at police stations to prevent decay and loss of value; they may be released to the lawful owner upon providing adequate security and conditions, regardless of pending confiscation proceedings.

Prayer:

This Criminal Revision Case filed under Section 438 r/w 442 of BNSS, to call for the records relating to the order passed in Crl.M.P.No.2423 of 2025 in R.P.No.469 of 2025 in Crime No.147 of 2025 on the file of Judicial Magistrate No.III, Nagercoil, dated 15.10.2025 and set aside the same, direct the return of the vehicles bearing Registration No.TN 01-T-1247(TATA 407 Truck) and TN74-J-8507 (Mahindra Nissan) to Petitioner.

ORDER

Heard Mr.R.PonKarthikeyan, learned Counsel for Revision Petitioner and Mr.A.ThiruvadiKumar, learned Additional Public Prosecutor for Respondent.

2. Present Criminal Revision case has been filed to set aside the order passed by Judicial Magistrate No.III, Nagercoil, dated 15.10.2025 in Crl.M.P.No.2423 of 2025 in R.P.No.469 of 2025 in Crime No.147 of 2025, whereby the petition under Section 497 and 503 of BNSS for interim custody of vehicles bearing Registration No.TN 01-T-1247(TATA 407 Truck) and TN74-J-8507 (Mahindra Nissan), was rejected.

3. Mr.R.PonKarthikeyan, learned Counsel for Revision Petitioner would submit that petitioner is owner of the vehicles bearing Registration No.TN 01-T-1247(TATA 407 Truck) and TN74-J-8507 (Mahindra Nissan). The said vehicles were seized by Respondent Police and a case was registered in Crime No.147 of 2025, dated 07.05.2025 for offence punishable under Section 303(2) of BNS, 2023, alleging that petitioner illegally transported one unit of beach sand. The said vehicles were produced before Judicial Magistrate No.III, Nagercoil and the same was taken on file as R.P.No.469 of 2025. Petitioner has filed Crl.M.P.No.2423 of 2025 before Judicial Magistrate No.III, Nagercoil, to grant interim custody of the said vehicles and the said petition was dismissed by the Court below by the impugned order dated 15.10.2025. Hence, this Criminal Revision Case has been filed.

4. Learned Counsel for Petitioner would further submit that petitioner is the owner of the said vehicles and he would abide by any conditions that may be imposed by this Court. In support thereof, he produced the copies of Registration Certificates of said vehicles, which were initially in the names of other individuals but have since been transferred to the Petitioner’s name and the same was perused by Mr.A.ThiruvadiKumar, learned Additional Public Prosecutor appearing for Respondent, who confirmed that Registration Certificates have been transferred to Petitioner’s name.

5. Learned Additional Public Prosecutor for Respondent would submit that the said vehicles may be released subject to conditions and petitioner must co-operate in the confiscation proceedings 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 which an offence appears to have been committed or which appears to hav