BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.02.2026 CORAM:

THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ Sivapriya ... Petitioner Vs State Of Tamilnadu Rep By., The Inspector Of Police, Aralvoimozhi Police Station Kanyakumari District.

(Crime No. 666/2025) ... Respondent Prayer: This Criminal Revision Case filed under Section 438 r/w 442 of BNSS, to call for the entire records pertaining to the order passed by the learned Court of District Munsif Cum Judicial Magistrate, Bhoothapandy in Crl.MP.No. 536 of 2025 vide order dated 10.02.2026 and set aside the same and consequently direct the above said learned Court of District Munsif Cum Judicial Magistrate, Bhoothapandy to return the petitioner Ashok Leyland Torres Lorry Vehicle bearing its registration number TN 31 CP 5622, Chassis No MB1XEVHD4SRNF3502 and Engine No.SNHZ408706 kept in the custody of the above said court in connection with the case in Crime No.666 of 2025 on the file of the respondent police.

For Petitioner : Mr.P.Samuel Gunasingh For Respondent : Mr.Vaikkam Karunanithi Government Advocate

ORDER

Heard Mr.P.Samuel Gunasingh, learned Counsel for Revision Petitioner and Mr.Vaikkam Karunanithi, learned Government Advocate (Crl.side) for Respondent.

2. The present Criminal Revision case has been filed to set aside the order of District Munsif cum Judicial Magistrate, Bhoothapandy dated 10.02.2026 in Crl.M.P.No.536 of 2025, whereby the petition under Section 497 of BNSS for interim custody of vehicle viz., Ashok Leyland Torres Lorry (Chassis No.MB1XEVHD4SRNF3502 and Engine No.SNHZ408706), bearing Registration No.TN 31 CP 5622, was rejected.

3. Mr.P.Samuel Gunasingh, learned Counsel for Revision Petitioner would submit that petitioner is owner of the vehicle viz., Ashok Leyland Torres Lorry (Chassis No.MB1XEVHD4SRNF3502 and Engine No.SNHZ408706), bearing Registration No.TN 31 CP 5622. The said vehicle was seized by Respondent Police and a case was registered in Crime No.666 of 2025, dated

27.09.2025 for offence punishable under Section 303(2), 336(2), 336(3), 340(2) of BNS, 2023, alleging that petitioner illegally transported rough stones without any valid permit. Petitioner has filed Crl.MP.No.536 of 2025 before the District Munsif cum Judicial Magistrate, Bhoothapandy, to grant interim custody of the said vehicle and the said petition was dismissed by the Court below by the impugned order dated 10.02.2026. 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 she 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.Vaikkam 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 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 w