Vehicles seized during criminal investigations should be released on interim custody to prevent deterioration and loss of value, provided the owner provides sufficient security and undertakes not to misuse the vehicle.

ORDER

The Criminal Revision is directed against the order passed in

Cr.M.P.No.248 of 2026 in Crime No.33 of 2026 dated 06.06.2026 on the

file of the Judicial Magistrate No. I, Kuzhithurai, dismissing the petition

filed under Section 497 of B.N.S.S.

2. The petitioner claims to be the owner of the Komatsu PC 136

Hydraulic Excavator (Hitachi) bearing Chasis No.N523610. The

respondent police has registered a case in Crime No.33 of 2026 for the

offences under Sections 303(2) of BNS and 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 Cr.M.P.No.248 of 2026 for return of vehicle before the

learned Judicial Magistrate No. I, Kuzhithurai, and the same was

dismissed on 06.06.2026.

3. The petitioner preferred this Criminal Revision Petition as

against the order dated 06.06.2026 made in Cr.M.P.No.248 of 2026 on

the file of the learned Judicial Magistrate No. I, Kuzhithurai, and to set

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Crl.R.C.(MD)No.1165 of 2026

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 Chasis No.N523610 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.

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Crl.R.C.(MD)No.1165 of 2026

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 06.06.2026 passed in Crl.M.P.No.248 of 2026 by the learned

Judicial Magistrate No. I, Kuzhithurai.

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

order dated 06.06.2026, passed in Crl.M.P.No.248 of 2026 by the learned

Judicial Magistrate No. I, Kuzhithurai, is hereby set aside and the vehicle

viz., Komatsu PC 136 Hydraulic Excavator (Hitachi) bearing Chasis

No.N523610, 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 Aishwaryam Trust, Indian Bank, Tirunagar

Branch, Madurai, Account No.6639017788, IFSC Code:

IDIB000T032;

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Crl.R.C.(MD)No.1165 of 2026

(b)the petitioner shall execute a bond for a sum of Rs.

4,00,000/- (Rupees Four Lakhs only), with two sureties

for a likesum to the satisfaction of the learned Judicial

Magistrate No. I, Kuzhithurai;

(c)The petitioner shall produce the copy of RC Book of the

vehicle before the learned Judicial Magistrate No. I,

Kuzhithurai. 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