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2026 Supreme(Online)(Mad) 35132
IN THE HIGH COURT OF JUDICATURE AT MADRAS
L. VICTORIA GOWRI, J
Subbulakshmi – Appellant
Versus
State of Tamilnadu Rep by Inspector of Police, Seidunganallur Police Station, Thoothukudi District – Respondent
Criminal Revision Petition CRL RC(MD) No.664 of 2026 | Crime No.11 of 2026 | Crl.M.P.No.295 of 2026
For Petitioner:Mr. S.Prabha, Advocate
For Respondent:Mr.M.Sakthi Kumar Government Advocate (Crl.Side)
Interim custody of seized vehicle granted due to deterioration risk, subject to conditions, pending trial.
Headnote:First Paragraph: The case involves alleged illegal transport of mines under Section 305(e) of Bharatiya Nyaya Sanhita, 2023, leading to vehicle seizure and dismissal of petition for return under Section 497 BNSS, 2023. Facts include FIR registration, vehicle impoundment, and lower court rejection. Court found vehicle deterioration risk outweighs retention need. Second Paragraph: Issues framed as balancing interim custody risks against vehicle damage from custody. Ratio: No purpose served by retaining vehicle exposed to elements; interim release justified subject to conditions. Third Paragraph: Revision allowed, impugned order set aside, vehicle ordered returned for interim custody with specified conditions.
| Table of Content |
|---|
| 1. prosecution case and lower court dismissal. (Para 2 , 3) |
| 2. court weighs vehicle deterioration. (Para 4 , 7) |
| 3. parties' arguments on custody risks. (Para 5 , 6) |
| 4. revision allowed with conditions. (Para 8) |
ORDER
This Criminal Revision Petition is filed to set aside the order of the learned Judicial Magistrate No.2, Srivaikundam, in Crl.M.P.No.295 of 2026 dated 13.03.2026 filed by the petitioner under Section 497 of BNSS of 2023.
2. The case of the prosecution is that the respondent filed an FIR in Crime No.11 of 2026 for the alleged offence underSections 305(e) ofBharatiya Nyaya Sanhita, 2023, for illegal transport of mines in a Tipper Lorry bearing registration No.TN 92 C 2967. Subsequently, the petitioner's vehicle was seized. Thereafter, the petitioner filed Crl.M.P.No.295 of 2026 for the return of vehicle before the learned Judicial Magistrate No.2, Srivaikundam, and the same was dismissed on 13.03.2026.
3. The petitioner preferred this Criminal Revision Petition as against the order dated 13.03.2026 made in Crl.M.P.No.295 of 2026 on the file of the learned Judicial Magistrate No.2, Srivaikundam, 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 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 92 C 2967 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 of the vehicle 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 that no purpose will be served in keeping the vehicle in custody, this Court is inclined to allow the revision thereby, setting aside the impugned order dated 13.03.2026 passed in Crl.M.P.No.295 of 2026 by the learned Judicial Magistrate No.2, Srivaikundam.
8. Accordingly, this Criminal Revision Case is allowed and the order dated 13.03.2026, passed in Crl.M.P.No.295 of 2026 by the learned Judicial Magistrate No.2, Srivaikundam, is hereby set aside and the vehicle viz., Tipper Lorry bearing Registration No.TN 92 C 2967, is ordered to be returned to the petitioner for interim custody subject to the confiscation proceedings to be taken by the concerned 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 deposit for the said vehicle to the credit of 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 of Rs.8,00,000/- (Rupees Eight Lakhs only), with two sureties for a likesum to the satisfaction of the learned Judicial Magistrate No.2, Srivaikundam; (c) The petitioner shall produce the original RC Book of the vehicle before the learned Judicial Magistrate No.2, Srivaikundam. 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 is at liberty to confiscate the vehicle;
(e) The petitione
