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2026 Supreme(Online)(Mad) 49249
IN THE HIGH COURT OF JUDICATURE AT MADRAS
L. Victoria Gowri, J
Antonysamy – Appellant
Versus
State Of Tamil Nadu – Respondent
Crl.R.C.(MD)No.927 of 2026
For the Appellants/Petitioners: C. Santhosh Kumar
For the Respondents: C. Susi Kumar
The court established that the interim custody of a seized vehicle should generally be granted to the owner to prevent its deterioration, provided conditions are imposed to prevent misuse and ensure the vehicle's availability for future proceedings.
Headnote:The present revision challenges the dismissal of a petition for interim custody of a vehicle seized for alleged illegal transportation of gravel sand under the Mines and Minerals (Development and Regulation) Act, 1957 and the Bharatiya Nyaya Sanhita (BNS). The court determined that keeping the vehicle in an open, unprotected space would cause significant deterioration, thereby diminishing its value without serving any evidentiary purpose. The core issue involves the criteria for the release of property seized during criminal investigation. The court reasoned that in cases where the vehicle's condition is at risk of damage, interim custody ought to be granted to the owner, provided adequate safeguards are imposed to preserve the property and ensure compliance with future legal processes. The court allowed the revision, set aside the impugned order, and ordered the release of the vehicle subject to specific financial conditions, the execution of a bond, and an undertaking against future illegal use.
| Table of Content |
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| 1. summary of facts leading to the seizure and initial dismissal of custody application. (Para 1 , 2 , 3) |
| 2. contentions regarding vehicle deterioration versus the risk of repeat criminal activities. (Para 4 , 5 , 6) |
| 3. court's discretion to grant interim custody of vehicles subject to protective conditions. (Para 7 , 8) |
ORDER
The Criminal Revision is directed against the order passed in Cr.M.P.No.5232 of 2026 in Crime No.114 of 2026 dated 25.05.2026 on the file of the Judicial Magistrate Court No.IV, Tiruchirappalli, 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 45 AZ 2956. The respondent police has registered a case in Crime No.114 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 Cr.M.P.No.5232 of 2026 for return of vehicle before the learned Judicial Magistrate Court No.IV, Tiruchirappalli, and the same was dismissed on 25.05.2026.
3. The petitioner preferred this Criminal Revision Petition as against the order dated 25.05.2026 made in Cr.M.P.No.5232 of 2026 on the file of the learned Judicial Magistrate Court No.IV, Tiruchirappalli, 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 45 AZ 2956 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 25.05.2026 passed in Crl.M.P.No.5232 of 2026 by the learned Judicial Magistrate Court No.IV, Tiruchirappalli.
8. Accordingly, this Criminal Revision Case is allowed and the order dated 25.05.2026, passed in Crl.M.P.No.5232 of 2026 by the learned Judicial Magistrate Court No.IV, Tiruchirappalli, is hereby set aside and the vehicle viz., Tipper lorry bearing Registration No.TN 45 AZ 2956, 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.75,000/- (Rupees Seventy Five Thousand only) as non-refundable to the credit of MANGAYAR MANGALAM, A/c No: 12730100005505, Egmore Branch, Chennai, IFSC code: BARB0EGMORE, an organisation contributing towards underprivileged women and children;
(b)the petitioner shall execute a bond for a sum of Rs. 4,00,000/- (Rupees Four Lakh only), with two sureties for a likesum to the satisfaction of the learned Judicial Magistrate Court No.IV, Tiruchirappalli;
(c) The petitioner shall produce the copy of RC Book of the vehicle before the learned Judicial Magistrate Court No.IV, 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 fina
