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2026 Supreme(Online)(Mad) 35328
IN THE HIGH COURT OF JUDICATURE AT MADRAS
L.VICTORIA GOWRI, J
Kumar – Appellant
Versus
State of Tamil Nadu rep. by The Sub Inspector of Police, Kaaraiyur Police Station, Pudukkottai District. – Respondent
Criminal Revision Case|Crime No.110 of 2025|Crl.M.P.No.443 of 2025
For the Appellants/Petitioners: Mr.M.Antony Jesurajan
For the Respondents:Mr.M.Sakthi Kumar Government Advocate (Crl. Side)
Interim custody of seized vehicle granted to prevent deterioration, subject to conditions, despite offence allegations.
Headnote:The petitioner's vehicle was seized under Sections 303(2) of BNS read with 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 for illegal transportation of river sand. The lower court dismissed the application for return of vehicle under Section 497 B.N.S.S. The High Court found that retaining the vehicle in open custody would lead to deterioration without serving any purpose. The key issue was whether interim custody of the seized vehicle should be granted pending confiscation proceedings. The court reasoned that exposure to elements would diminish the vehicle's value, outweighing risks of misuse. The revision was allowed, impugned order set aside, and vehicle released on conditions including deposit, bond, and undertakings.
| Table of Content |
|---|
| 1. background of revision against dismissal of vehicle release petition. (Para 1 , 2 , 3) |
| 2. arguments on risk of misuse vs vehicle deterioration. (Para 4 , 5 , 6) |
| 3. grant interim custody to prevent value loss with conditions. (Para 7 , 8) |
ORDER
The Criminal Revision is directed against the order passed in Crl.M.P.No.443 of 2025 dated 30.01.2026 on the file of the District Munsif cum Judicial Magistrate Court, Ponnamaravathi, dismissing the petition filed under Section 497 of B.N.S.S.
2. The petitioner claims to be the owner of the Tipper Lorry bearing Registration No.TN 19 Z 0234. The respondent police has registered a case in Crime No.110 of 2025 for the offences under Sections 303(2) of BNS r/w 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 and seized the above said vehicle for the illegal transportation of river sand. Thereafter, the petitioner filed Crl.M.P.No.443 of 2025 for return of vehicle before the learned District Munsif cum Judicial Magistrate Court, Ponnamaravathi, and the same was dismissed on 30.01.2026.
3. The petitioner preferred this Criminal Revision Petition as against the order dated 30.01.2026 made in Crl.M.P.No.443 of 2025 on the file of the learned District Munsif cum Judicial Magistrate Court, Ponnamaravathi, 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 19 Z 0234 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 30.01.2026 passed in Crl.M.P.No.443 of 2025 by the learned District Munsif cum Judicial Magistrate Court, Ponnamaravathi.
8. Accordingly, this Criminal Revision Case is allowed and the order dated 30.01.2026, passed in Crl.M.P.No.443 of 2025 by the learned District Munsif cum Judicial Magistrate Court, Ponnamaravathi, is hereby set aside and the vehicle viz., Tipper Lorry bearing Registration No.TN 19 Z 0234, 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 District Munsif cum Judicial Magistrate Court, Ponnamaravathi;
(c)The petitioner shall produce the copy of RC Book of the vehicle before the learned District Munsif cum Judicial Magistrate Court, Ponnamaravathi. 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 res
