Interim custody of seized vehicle granted due to risk of deterioration outweighing retention, subject to conditions.

ORDER

The Criminal Revision is directed against the order passed in Cr.M.P.No.262 of 2026 in Crime No.626 of 2026 dated 26.03.2026 on the file of the Judicial Magistrate, Rajapalayam, dismissing the petition filed under Section 497 of B.N.S.S.

2. The petitioner claims to be the owner of the Maruti Suzuki Ciaz bearing Registration No.TN 30 BX 0891. The respondent police has registered a case in Crime No.626 of 2026 for the offences underSections 123ofBNS, 2023 and Section 24(1) ofCigarette and Other Tobacco Products Act, 2003on 04.12.2025 and seized the above said vehicle for the illegal transportation of Tobacco. Thereafter, the petitioner filed Crl.M.P.No.262 of 2026 for return of vehicle before the learned Judicial Magistrate, Rajapalayam, and the same was dismissed on 26.03.2026.

3. The petitioner preferred this Criminal Revision Petition as against the order dated 26.03.2026 made in Crl.M.P.No.262 of 2026 on the file of the learned Judicial Magistrate, Rajapalayam, and to set aside the same.

4. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent.

5. The learned Government Advocate (Criminal side) appearing for the respondent 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 30 BX 0891 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 that 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 26.03.2026 passed in Crl.M.P.No.262 of 2026 by the learned Judicial Magistrate, Rajapalayam.

8. Accordingly, this Criminal Revision Case is allowed and the order dated 26.03.2026, passed in Crl.M.P.No.262 of 2026 by the learned Judicial Magistrate, Rajapalayam, is hereby set aside and the vehicle viz., Maruti Suzuki Ciaz bearing Registration No.TN 30 BX 0891, 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.25,000/- (Rupees Twenty Five Thousand only) as non-refundable to the credit of the Aishwaryam Trust, Indian Bank, Tirunagar Branch, Madurai, Account No.6639017788, IFSC Code: IDIB000T032;

(b)the petitioner shall execute a bond for a sum ofRs. 4,00,000/- (Rupees Four Lakhs only),with two sureties for a likesum to the satisfaction of the learned Judicial Magistrate, Rajapalayam;

(c)The petitioner shall produce the copy of RC Book of the vehicle before the learned Judicial Magistrate, Rajapalayam. If the original RC Book is in the custody of the finance company, the petitioner shall produce a photocopy of the RC Book, along with an affidavit stating that the original is with the finance company and a letter from the finance company acknowledging such custody.

(d)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 Court i