The court may grant interim custody of a seized vehicle to prevent its deterioration and loss of value, provided the owner provides sufficient security and undertakes not to misuse the vehicle or alienate it.

PRAYER : Criminal Revision Case filed under Section 438 r/w 442 B.N.S.S. , to call for the records pertaining to the order passed in Crl.M.P. No. 376 of 2026 in Crime No.113 of 2026 dated 14.07.2026 on the file of the Learned Judicial Magistrate No.I, Sivakasi, Virudhunagar District and set aside and hand over the seized heavy vehicle (JCB) to the petitioner.

Government Advocate (Crl. Side)

ORDER

The Criminal Revision is directed against the order passed in Cr.M.P.No.376 of 2026 in Crime No.113 of 2026 dated 14.07.2026 on the file of the Judicial Magistrate No.I, Sivakasi, Virudhunagar District, dismissing the petition filed under Section 497 of B.N.S.S.

2. The petitioner claims to be the third party owner of the JCB bearing Registration No.TN 67 BM 8300. The respondent police has registered a case in Crime No.113 of 2026 for the offences under Sections 191(2), 353, 303(2), 309 of BNS, 2023 , Section 4 of Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992 and 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 on 14.06.2026 and seized the above said vehicle for the illegal transportation of mines and minerals. Thereafter, the petitioner filed Cr.M.P.No.376 of 2026 for return of vehicle before the learned Judicial Magistrate No.I, Sivakasi, Virudhunagar District, and the same was dismissed on 14.07.2026.

3. The petitioner preferred this Criminal Revision Petition as against the order dated 14.07.2026 made in Cr.M.P.No.376 of 2026 on the file of the learned Judicial Magistrate No.I, Sivakasi, Virudhunagar District, 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 67 BM 8300 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 14.07.2026 passed in Crl.M.P.No.376 of 2026 by the learned Judicial Magistrate No.I, Sivakasi, Virudhunagar District.

8. Accordingly, this Criminal Revision Case is allowed and the order dated 14.07.2026, passed in Crl.M.P.No.376 of 2026 by the learned Judicial Magistrate No.I, Sivakasi, Virudhunagar District, is hereby set aside and the vehicle viz., JCB bearing Registration No.TN 67 BM 8300, 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) since the allegation is very grave that the petitioner even attempted to assault the police officers, the petitioner is directed to deposit a sum of Rs.2,00,000/- (Rupees Two Lakhs only) as non-refundable to the credit of 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. 4,00,000/- (Rupees Four Lakhs only), with two sureties for a likesum to the satisfaction of the learned Judicial Magistrate No.I, Sivakasi, Virudhunagar District;

(c)The petitioner shall produce the copy of RC Book of the vehicle before the learned Judicial Magistrate