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2026 Supreme(Online)(Mad) 29840
IN THE HIGH COURT OF JUDICATURE AT MADRAS
L. VICTORIA GOWRI, J
Sahaya Antony Xaviour – Appellant
Versus
State of Tamilnadu Rep by Inspector of Police, Aralvoimozhi Police Station, Kanyakumari District – Respondent
CRL RC(MD) No.571 of 2026 | Crime No.686 of 2025 | Crl.M.P.No.512 of 2025
For Petitioner:Mr. T.Leninkumar, Advocate
For Respondent: Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor
Interim custody of seized vehicle granted to prevent deterioration, subject to conditions, despite offence risk.
Headnote:First Paragraph: The case involves alleged illegal sand transportation under Section 303(2) of BNS Act, 2023, leading to FIR in Crime No.686 of 2025 and seizure of vehicle. Petitioner sought interim custody under Section 497 BNSS via Crl.M.P.No.512 of 2025, dismissed by Magistrate on 16.03.2026. Court found that prolonged open custody deteriorates vehicle value without serving purpose. Second Paragraph: Key issue was whether to grant interim custody despite risk of reuse in offence. Ratio: Balancing deterioration risk against misuse potential, court prioritized vehicle preservation pending trial. Third Paragraph: Criminal Revision allowed; Magistrate's order set aside; vehicle released for interim custody with conditions including bond, RC deposit, undertaking, no alienation, and monthly production.
| Table of Content |
|---|
| 1. prosecution case: illegal sand transport, vehicle seized. (Para 2 , 3) |
| 2. court weighs preservation against offence recurrence. (Para 4 , 8) |
| 3. arguments on misuse risk vs vehicle deterioration. (Para 5 , 6) |
| 4. revision allowed with custody conditions. (Para 9) |
ORDER
This Criminal Revision Petition is filed to call for the records relating to the order of the learned District Munsif Cum Judicial Magistrate, Bhoothapandy, in Crl.M.P.No.512 of 2025 dated 16.03.2026 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.686 of 2025 for an alleged offence under Section 303(2) of BNS Act, 2023, for illegal transport of sand in an Ashok Leyland Tarus Lorry bearing Registration No.TN-56 M 6159. Subsequently, the petitioner's vehicle was seized. Thereafter, the petitioner filed Crl.M.P.No.512 of 2025 for the return of vehicle before the learned District Munsif Cum Judicial Magistrate, Bhoothapandy, and the same was dismissed on 16.03.2026.
3. The petitioner preferred this Criminal Revision Petition as against the order dated 16.03.2026 made in Crl.M.P.No.512 of 2025 on the file of the learned District Munsif Cum Judicial Magistrate, Bhoothapandy, 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 Additional Public Prosecutor appearing for the respondent Mr.E.Antony Sahaya Prabahar, 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-56 M 6159 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.
8. 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 16.03.2026 passed in Crl.M.P.No.512 of 2025 by the learned District Munsif Cum Judicial Magistrate, Bhoothapandy.
9. Accordingly, this Criminal Revision Case is allowed and the order dated 16.03.2026, passed in Crl.M.P.No.512 of 2025 by the learned District Munsif Cum Judicial Magistrate, Bhoothapandy, is hereby set aside and the vehicle viz., Ashok Leyland Tarus Lorry bearing Registration No.TN-56 M 6159, 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 shall execute a bond for a sum of Rs.
8,00,000/- (Rupees Eight Lakhs only), with two sureties for a likesum to the satisfaction of the learned District Munsif Cum Judicial Magistrate, Bhoothapandy;
(b)The petitioner shall deposit the copy of RC Book of the vehicle before the learned District Munsif Cum Judicial Magistrate, Bhoothapandy. The petitioner is also directed to produce an affidavit submitting that the original RC Book is in the custody of the 2nd respondent finance company and also produced a letter from the finance company concerned acknowledging the custody of the original RC Book in their office;
(c)the petitioner shall give an undertaking before the respondent/ authority concerned stating that he will not use the vehicle in question for any illegal activities in future, failing which the respondent/trial
