Allowed

Panneerselvam v. State Rep.by

Madras HC28 Aug 2020CRL RC/611/2020

Case brief

AI extract

What is this about?

High Court allowed criminal revision seeking interim release of a Mahindra tractor seized for alleged illegal mining. The order set aside the lower court's refusal and directed police to release the vehicle within seven days against a non-refundable deposit, a personal bond with sureties, and an undertaking against illegal use.

What did the court decide?

Released the seized vehicle within 7 days against a deposit of Rs.25,000, personal bond with sureties, and undertaking of future compliance.

Panneerselvam Vs State Rep.by — Execution and Attachment | Madras HC (2020)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED : 28.08.2020

¶3

CORAM

¶4

THE HON'BLE Mr. JUSTICE P.N. PRAKASH

¶5

Crl.R.C.No.611 of 2020

¶6

Panneerselvam ... Petitioner
Vs.
State represented by
The Inspector of Police,
Velankanni Police Station,
Nagapattinam District.
(Crime No.351 of 2020) ... Respondent
Criminal Revision filed under Section 397 r/w 401 Cr.P.C.
seeking to set aside the order dated 14.07.2020 passed in
Crl.M.P.No.1809 of 2020 on the file of the District and Sessions
Court, Nagapattinam and direct the respondent to release the
vehicle namely MAHINDRA & MAHINDRA TRACTOR bearing Registration
No.TN-51-AL-5616 along with Trailer.
For Petitioner : Mr.N.Sakthivel
For Respondent : Mrs.P.Kritika Kamal
Government Advocate
(Crl. Side)
O R D E R

¶7

This case is taken up through video conferencing.

¶8

This criminal revision has been filed seeking to set aside the order dated 14.07.2020 passed in Crl.M.P.No.1809 of 2020 on the file of the District and Sessions Court, Nagapattinam and direct the respondent to release the vehicle (Mahindra Tractor with Trailer) bearing Registration No.TN-51AL-5616.

¶9

The petitioner is the owner of the vehicle (Mahindra Tractor with Trailer) bearing Registration No.TN-51-AL-5616 and

¶10

https://hcservices.ecourts.gov.in/hcservices/

¶11

let the same on hire. The petitioner's vehicle was seized on 24.04.2020, while transporting ¼ unit of savudu sand and a case was registered in Crime No.351 of 2020 for the offences under Section 379 IPC and Section 21(1) of the Mines and Minerals (Development & Regulation) Act, 1957. The petitioner filed Crl.M.P.No.1809 of 2020 before the District and Sessions Court, Nagapattinam, under Section 451 Cr.P.C. for interim custody of the vehicle, which was dismissed on 14.07.2020, challenging which, the petitioner has preferred the present revision petition.

¶12

Heard Mr.N.Sakthivel, learned counsel for the petitioner and Mrs.P.Kritika Kamal, learned Government Advocate (Crl. Side) appearing for the respondent/State.

¶13

It is seen that the seizure was effected on 24.04.2020 and the vehicle is in the police station open to sun and rain.

¶14

Taking into consideration the aforesaid facts and in view of the guidelines given by the Supreme Court in Sunderbhai Ambalal Desai Vs. State of Gujarat¹ , this Court is of the view that interests of justice will be served, if the vehicle is ordered to be released to the petitioner on certain stringent conditions. The respondent police is directed to grant interim custody of the said vehicle (Mahindra Tractor with Trailer) bearing Registration No.TN-51-AL-5616 to the petitioner within a period of 7 days from the date of compliance of the below mentioned condition Nos.(i) to (iii) :

¶15

(i) The petitioner shall deposit a sum of Rs.25,000/before the jurisdictional Tahsildar as nonrefundable deposit. After receipt of the above said amount, the same will have to be deposited by the Tahsildar, to the credit of the District Mines and Minerals Foundation Trust, Nagapattinam as non-refundable deposit;

¶16

(ii) The petitioner shall execute a personal bond for a sum of Rs.25,000/- with two sureties each, for a like sum to the satisfaction of the District and Sessions Court, Nagapattinam. The petitioner and the sureties shall affix their photographs and give the copies of their Aadhaar Card;

¶17

1(2002) 10 SCC 290

¶18

https://hcservices.ecourts.gov.in/hcservices/

¶19

(iii) The petitioner shall give an undertaking before the respondent/ authority concerned stating that he will not use the vehicle in question for any illegal activities in future and shall produce the same as and when required by the respondent and also the trial Court, failing which the respondent/trial Court is at liberty to confiscate the vehicle;

¶20

(iv) The petitioner shall not alienate the vehicle in question till the disposal of the proceedings before the authority concerned;

¶21

(v) The petitioner shall take photograph of the vehicle and submit the same along with Compact Disc duly certified under Section 65-B of the Indian Evidence Act, 1872;

¶22

(vi) The petitioner shall surrender the original R.C. book before the District and Sessions Court, Nagapattinam; and

¶23

(vii) The petitioner is also directed to participate in the enquiry to be conducted by the respondent.

¶24

Petition relating to return of R.C. Book for any purpose in the future, may be filed before the District and Sessions Court, Nagapattinam, who may consider the same on merits, though this order has been passed by the High Court.

¶25

This petition is allowed in the above terms and the order dated 14.07.2020 passed in Crl.M.P.No.1809 of 2020 on the file of the District and Sessions Court, Nagapattinam, is set aside.

¶26

//True Copy//

¶27

Sub Assistant Registrar

¶28

https://hcservices.ecourts.gov.in/hcservices/

¶29

nsd

¶30

¶31

1.The District and Sessions Judge, Nagapattinam.

¶32