Allowed

Jestinraj v. State Rep.by Its

Madras HC2 Sept 2020CRL RC/625/2020

Case brief

AI extract

What is this about?

In a criminal revision, the High Court set aside an order denying interim custody of a seized vehicle. Guided by Supreme Court precedent, the Court directed police to release the vehicle to the petitioner's custody within seven days subject to strict conditions. The order imposed a monetary deposit, personal bond with sureties, and an undertaking against illegal use.

What did the court decide?

Impugned order dated 14.07.2020 set aside; vehicle to be released to petitioner within 7 days subject to deposit, bond, undertakings, and surrender of RC book.

Jestinraj Vs State Rep.by Its — Mining and Natural Resources | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 02.09.2020

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CORAM

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

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Crl.R.C.No.625 of 2020

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Jestinraj ... Petitioner/ owner of the vehicle Vs. State represented by The Inspector of Police, Voimedu Police Station, Nagapattinam District. (Crime No.33 of 2020) ... Respondent/Complainant

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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.1804 of 2020 in Crime No.33 of 2020 on the file of the District and Sessions Court, Nagapattinam and to return the petitioner's vehicle (Ashok Leyland Tipper Lorry) bearing Registration No.TN-45-BP-7575, Chassis No.MB1HTLHD4JPXF6530 and Engine No.JYPZ144284 to the custody of the petitioner.

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For Petitioner : Mr.N.Palanivel
For Respondent : Mrs.P.Kritika Kamal
Government Advocate
(Crl. Side)
O R D E R

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This case is taken up through video conferencing.

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This criminal revision has been filed seeking to set aside the order dated 14.07.2020 passed in Crl.M.P.No.1804 of 2020 in Crime No.33 of 2020 on the file of the District and Sessions Court, Nagapattinam and to return the petitioner's vehicle (Ashok Leyland Tipper Lorry) bearing Registration No.TN-45-BP-7575, Chassis No.MB1HTLHD4JPXF6530 and Engine No.JYPZ144284 to the custody of the petitioner.

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

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The petitioner is the owner of the vehicle (Ashok Leyland Tipper Lorry) bearing Registration No.TN-45-BP-7575, which was seized on 15.02.2020, while transporting savudu sand and a case was registered in Crime No.33 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.1804 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.

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

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It is seen that the seizure was effected on 15.02.2020 and the vehicle is in the police station open to sun and rain.

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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 (Ashok Leyland Tipper Lorry) bearing Registration No.TN-45-BP-7575 to the petitioner within a period of 7 days from the date of compliance of the below mentioned condition Nos.(i) to (iii) :

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(i) The petitioner shall deposit a sum of Rs.1,00,000/before the jurisdictional Tahsildar as non-refundable 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;

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(ii) The petitioner shall execute a personal bond for a sum of Rs.50,000/- 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;

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1(2002) 10 SCC 290

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

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Page numbers

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(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;

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

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(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;

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

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

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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.

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This petition is allowed in the above terms and the order dated 14.07.2020 passed in Crl.M.P.No.1804 of 2020 in Crime No.33 of 2020 on the file of the District and Sessions Court, Nagapattinam, is set aside.

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Sd/-

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Assistant Registrar(CCC)

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//True Copy//

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Sub Assistant Registrar

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nsd

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1.The District and Sessions Judge, Nagapattinam.

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2.The Judicial Magistrate, Vetharanniyam, Nagapattinam District.

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

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3.The District Mines and Minerals Foundation Trust, Nagapattinam District.

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4.The Tahsildar, Vetharanniyam Taluk, Nagapattinam.

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5.The Inspector of Police, Voimedu Police Station, Nagapattinam District.

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6.The Public Prosecutor,
Madras High Court,
Chennai – 600 104.
Crl.R.C.No.625 of 2020
NR(CO)
CB(29/10/2020)

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

Jestinraj v. State Rep.by Its

Case brief

What is this about?

What did the court decide?

Jestinraj v. State Rep.by Its

Case brief

What is this about?

What did the court decide?

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