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2026 Supreme(Online)(Mad) 34815
IN THE HIGH COURT OF JUDICATURE AT MADRAS
L.VICTORIA GOWRI, J
Murugan – Appellant
Versus
State of Tamil Nadu rep. by The Sub Inspector of Police, Ramji Nagar Police Station, Trichy District. (Crime No.59 of 2026) – Respondent
Criminal Revision Case | Crl.MP.No.2151 of 2026 | Crime No.59 of 2026
For Petitioner: Mr.D.S.Haroon Rasheed
For Respondent: Mr.S.Ravi Additional Public Prosecutor
Interim custody of seized vehicle granted to prevent deterioration, subject to conditions, despite offence risk.
Headnote:The case involves offences under Section 303(2) BNS and Section 21(4) of the Mines and Minerals (Development and Regulation) Act, 1957, for illegal transportation of gravel sand using a seized tipper lorry. The magistrate dismissed the petition under Section 497 B.N.S.S. for return of the vehicle. The High Court found that prolonged custody would deteriorate the vehicle's value without serving any purpose. The key issue was whether interim custody of the seized vehicle should be granted to its owner pending trial. The court reasoned that exposure to elements would diminish value and no useful purpose is served by retention, outweighing apprehension of reuse in offences. The revision was allowed, impugned order set aside, and vehicle ordered returned for interim custody subject to conditions including deposit, bond, and undertakings.
| Table of Content |
|---|
| 1. facts of vehicle seizure for illegal sand transport (Para 2 , 3) |
| 2. arguments on custody risks and owner hardship (Para 4 , 6) |
| 3. grant interim custody to prevent vehicle deterioration (Para 7 , 8) |
ORDER
The Criminal Revision is directed against the order passed in Crl.MP.No.2151 of 2026 in Crime No.59 of 2026 dated 09.03.2026 on the file of the Judicial Magistrate No.III, Tiruchirappalli, dismissing the petition filed under Section 497 of B.N.S.S.
2. The petitioner claims to be the owner of the Ashok Leyland Tipper Lorry bearing Registration No.TN 28 AK 1314. The respondent police has registered a case in Crime No.59 of 2026 for the offences under Sections 303(2) BNS and 21(4) of Mines and Minerals (Development and Regulation) Act, 1957 and seized the above said vehicle for the illegal transportation of gravel sand. Thereafter, the petitioner filed Crl.MP.No.2151 of 2026 for return of vehicle before the learned Judicial Magistrate No.III, Tiruchirappalli, and the same was dismissed on 09.03.2026.
3. The petitioner preferred this Criminal Revision Petition as against the order dated 09.03.2026 made in Crl.MP.No.2151 of 2026 on the file of the learned Judicial Magistrate No.III, Tiruchirappalli, and to set aside the same.
4. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent. 5. The learned Additional Public Prosecutor 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 28 AK 1314 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 09.03.2026 passed in Crl.M.P.No.2151 of 2026 by the learned Judicial Magistrate No.III, Tiruchirappalli.
8. Accordingly, this Criminal Revision Case is allowed and the order dated 09.03.2026, passed in Crl.M.P.No.2151 of 2026 by the learned Judicial Magistrate No.III, Tiruchirappalli, is hereby set aside and the vehicle viz., Ashok Leyland Tipper Lorry bearing Registration No.TN 28 AK 1314, 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. 1,00,000/- (Rupees One Lakh 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 No.III, Tiruchirappalli;
(c)The petitioner shall produce the copy of RC Book of the vehicle before the learned Judicial Magistrate No.III, Tiruchirappalli. 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, fai
