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Crl.R.C.(MD)No.490 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 23.03.2026

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

Crl.R.C.(MD)No.490 of 2026

M.Shanmugavel ... Petitioner

Vs.

The State of Tamilnadu, Rep. By the Inspector of Police, Tirunelveli Taluk Police Station,

Tirunelveli.

Crime No.119 of 2026 ... Respondent

PRAYER : Revision filed under Section 438 r/w 442 of BNSS, 2023 to call for the records pertaining to the order passed in Crl.M.P.No.749 of 2026 in Crime No.119 of 2026 dated 24.02.2026 on the file of the learned Judicial Magistrate No.III, Tirunelveli and set aside the same by allowing the criminal revision

petition.

For Petitioner : Mr.M.Pandian For Respondent : Mr.M.Sakthi Kumar

Government Advocate (Crl.)

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Crl.R.C.(MD)No.490 of 2026

ORDER

This Criminal Revision Petition is filed to set aside the order of the

learned Judicial Magistrate No.III, Tirunelveli, in Crl.M.P.No.749 of 2026

dated 24.02.2026 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.119 of 2026 for an alleged offence under Sections 4(1)(C) and 4(1) of the Tamil Nadu Prohibition (Amendment) Act, 2024 for illegal transport of liquor bottles through Two-wheeler, Honda Bike (Activa DLX) bearing registration No.TN 92 K 7330. Subsequently, the petitioner's vehicle was seized. Thereafter, the petitioner filed Crl.M.P.No.749 of 2026 for the return of vehicle before the learned Judicial Magistrate No.III, Tirunelveli, and the same

was dismissed on 24.02.2026.

3. The petitioner preferred this Criminal Revision Petition as against the

order dated 24.02.2026 made in Crl.M.P.No. 749 of 2026 on the file of the

learned Judicial Magistrate No.III, Tirunelveli, and to set aside the same. 4. Heard the learned counsels on either side and carefully perused the

materials available on record.

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Crl.R.C.(MD)No.490 of 2026

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 K 7330 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 24.02.2026 passed in Crl.M.P.No.749 of 2026 by the learned Judicial Magistrate No.III,

Tirunelveli.

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Crl.R.C.(MD)No.490 of 2026

8. Accordingly, this Criminal Revision Case is allowed and the order

dated 24.02.2026, passed in Crl.M.P.No. 749 of 2026 by the learned Judicial Magistrate No.III, Tirunelveli, is hereby set aside and the vehicle viz., Two- wheeler, Honda Bike (Activa DLX) bearing Registration No.TN 92 K 7330, 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.10,000/- (Rupees

Ten Thousand only) as non-refundable deposit for the said vehicle to the credit of WAA Cornelia Sorabjee Lecture Series, A/C No.6687