BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.02.2026 CORAM THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ Nanthakumar ... Petitioner Vs.

The State of Tamil Nadu rep. by, The Inspector of Police, Thogaimalai Police Station, Karur District.

(Crime No.403 of 2022) ... Respondent Prayer : Criminal Revision Petition filed under Section 438 and 442 of BNSS, 2023, to call for the records pertaining to order passed in Cr.MP.No.167 of 2024 on the file of Judicial Magistrate Court No.I, Kulithalai dated 27.02.2024 and set aside the same by allowing the revision petition..

For Petitioner : Mr.R.Ponkarthikeyan For R-1 : Mr.M.Karunanithi Government Advocate

ORDER

Heard Mr.K.Ponkarthikeyan, learned counsel for petitioner and Mr.M.Karunanithi, 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 Court No.I, Kulithalai dated 27.02.2024 in Cr.M.P.No.167 of 2024, whereby, the petition under Section 497 and 503 of BNSS for interim custody of vehicle viz., Swaraj Tractor bearing Registration No.TN 63 R 6338, was rejected.

3. Learned counsel for revision petitioner would submit that petitioner purchased the vehicle, viz., Swaraj Tractor bearing Registration No.TN 63 R 6338 from one Mr.V.Palanivel 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.403 of 2022 dated 30.11.2022 for offences punishable under Section 379 of IPC and Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957, alleging that petitioner illegally transported ½ unit of savudu sand. Petitioner has filed Cr.M.P.No.167 of 2024 before the Judicial Magistrate Court No.I, Kulithalai, to grant interim custody of the said vehicle and the said petition was dismissed by the Court below by the impugned order dated 27.02.2024. Hence, this Criminal Revision Case has been filed.

4. Learned counsel for petitioner, by placing reliance on delivery note, registration certificate, transfer of insurance, Form-29, Form-30, Form 60 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 one Mr.V.Palanivel 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 property regarding which an offence appears to have been committed or which appears to have been used for the commission of any offence.

(2) The Court or the Magistrate shall, within a period of fourteen days from the production of the property referred to in sub-section (1) before it, prepare a statement of such property containing its description in such form and manner as the