Interim custody of seized vehicle granted despite offence risk, due to deterioration from prolonged open custody.

ORDER

This Criminal Revision Petition is filed to call for the records relating to the order of the learned Judicial Magistrate No.III, Nagercoil, in Crl MP No.3148/2025 dated 11.03.2026 filed by the petitioner under Section 497 of BNSS and set aside the same as illegal and entrust the custody of the vehicle to the petitioner and allow the above Criminal Revision Petition.

2. The case of the prosecution is that the respondent registered a FIR in Crime No.362 of 2025 for an alleged offence under Section 303(2) and 21(1) of Mines and Minerals (Development and Regulation) Act, 1947, for having involved in the commission of the alleged offence through TATA ACE MEGA Tempo Van bearing registration No.TN 74 AP 8150. Subsequently, the petitioner's vehicle was seized. Thereafter, the petitioner filed Crl MP No.3148/2025 for the return of vehicle before the learned Judicial Magistrate No.III, Nagercoil, and the same was dismissed on 11.03.2026.

3. The petitioner preferred this Criminal Revision Petition as against the order dated 11.03.2026 made in Crl MP No.3148/2025 on the file of the learned Judicial Magistrate No.III, Nagercoil, and to set aside the same.

4. Heard the learned counsels on either side and carefully perused the materials available on record.

5. The learned Government Advocate (Criminal side) appearing for the respondent Mr.M.Sakthi Kumar, submitted that if the vehicle is returned to the petitioner, there is possibility for the vehicle being used for the commission of similar offence and objected to grant interim custody of the vehicle to the petitioner.

6. The learned counsel appearing for the petitioner would submit that the vehicle bearing Registration No.TN 74 AP 8150 is owned by the petitioner and he was not involved in any such offence as alleged by the respondent and if the vehicle is kept in open place, the vehicle will get deteriorated and the value of the vehicle would automatically stand diminished and therefore interim custody may be granted to the petitioner.

7. Considering the fact that if the vehicle is kept in open place exposing to sun and rain, the value of the vehicle will be deteriorated and no purpose will be served in keeping the vehicle in custody, this Court is inclined to allow the revision and thereby setting aside the impugned order dated 11.03.2026 passed in Crl MP No.3148/2025 by the learned Judicial Magistrate No.III, Nagercoil.

9. Accordingly, this Criminal Revision Case is allowed and the order dated 11.03.2026, passed in Crl MP No.3148/2025 by the learned Judicial Magistrate No.III, Nagercoil, is hereby set aside and the vehicle viz., Taurus Lorry bearing Registration No.TN 74 AP 8150, is ordered to be returned to the petitioner for interim custody subject to the confiscation proceedings to be taken by the concern Department or by the Court on the following conditions:-

(a)the petitioner is directed to deposit a sum of Rs.2,000/-

(Rupees Two Thousand only) as non-refundable deposit for the said vehicle to the credit of the Adyar Cancer Institute (Union Bank, Name: Cancer Institute (WIA), Account No: 149710011005477, IFSC Code:

UBIN0814971), Chennai;

(b)the petitioner shall execute a bond for a sum of Rs.

1,50,000/- (Rupees One Lakh Fifty Thousand only), with two sureties for a likesum to the satisfaction of the learned Judicial Magistrate No.III, Nagercoil;

(c)The petitioner shall deposit the copy of RC Book of the vehicle before the learned Judicial Magistrate No.III, Nagercoil. The petitioner is also directed to produce an affidavit submitting that the original RC Book is in the custody of the finance company and also produced a letter from the finance company concerned acknowledging the