Crl.R.C.(MD) No.191 of 2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 21.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR

Crl.R.C.(MD)No.191 of 2023

Manikandan

: Petitioner

Vs.

1.The State rep.by the Inspector of Police,

Kallaperambur Police Station,

Thanjavur District.

Crime No.105 of 2022.

2.Jesuraj

: Respondents

(Second respondent is suo motu impleaded

as per order of the Court, dated 01.03.2023

in Crl.R.C.(MD)No.191 of 2023)

Prayer : This Criminal Revision has been filed under Section 397 r/w 401 of

Criminal Procedure Code, to call for the records pertaining to the order, dated

16.11.2022 made in Cr.M.P.No.4942 of 2022 on the file of the learned Principal

Sessions Judge, Special Court under the Mines & Minerals (D&R) Act 1957,

Thanjavur and set aside the order and direct the respondent herein to grant

interim custody of the vehicle viz., TATA 407 Van bearing Reg.No.TN-49-

D-2171, which has been seized by the respondent herein in Crime No. 105 of

2022.

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Crl.R.C.(MD) No.191 of 2023

For Petitioner

: Mr.K.M.Karunakaran

For Respondents : Mr.SS.Madhavan,

Government Advocate (Crl. Side), for R1.

: Mr.B.Fazil Kirmani, for R2.

O R D E R

This Criminal Revision Petition is directed against order passed in

Cr.M.P.No.4942 of 2022, dated 16.11.2022 on the file of the learned Principal

Sessions Judge, Special Court under the Mines & Minerals (D&R) Act 1957,

Thanjavur and direct the respondent herein to grant the interim custody of the

vehicle viz., TATA 407 Van bearing Reg.No.TN-49-D-2171, which has been

seized by the respondent herein in Crime No. 105 of 2022.

2. The petitioner claims to be the owner of the TATA 407 Van bearing

Reg.No.TN-49-D-2171. On 01.05.2022, the respondent seized the vehicle viz.,

TATA 407 Van bearing Reg.No.TN-49-D-2171 and seized the vehicle as the

same was used for transporting of river sand illegally without any valid license

or permit and registered a case in Crime No.105 of 2022 for the offences under

Section 379 IPC and 21(1) of Mines and Minerals (Development and

Regulation ) Act, 1957.

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Crl.R.C.(MD) No.191 of 2023

3. The petitioner has filed a petition under Sections 451 and 457 of

Cr.P.C., seeking return of the vehicle and the learned Judicial Magistrate has

dismissed the application. Challenging the dismissal order, the above Criminal

Revision came to be filed before this Court.

4. The main reason assigned by the learned Principal Sessions Judge,

Thanjavur, for dismissal of the petition is that the petitioner has not produced

any residential proof for the previous owner such as copy of Aadhar Card,

Ration Card, voter ID etc., and that since the petitioner's counsel has expressed

that he was not in a position to get the residential proof of the previous owner of

the vehicle, dismissed the petition.

5. Heard the learned counsel appearing for the petitioner and the learned

Government Advocate (Criminal Side) appearing for the respondent.

6. The learned Government Advocate (Criminal Side) appearing for the

State would submit that the value of the vehicle is around Rs.1,50,000/-. He

would further submit that the vehicle in question, is not having any previous

case.

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Crl.R.C.(MD) No.191 of 2023

7. The second respondent, who is the owner of the vehicle, has filed an

affidavit stating that he has no objection to pass order to return the vehicle to

the petitioner herein. The learned counsel for the petitioner has produced the

copy of Aadhar Card of the previous owner.

8. The learned counsel for the petitioner would submit that the vehicle

bearing Registration No. TN-49-D-2171 is owned by the petitioner, that the said

vehicle has no connection whatever with the alleged occurrence, that if the

vehicle is kept in open place, the value of the said vehicle will get deteriorated

and that therefore interim cus