Allowed

K.Kalaivani v. State by

Madras HC1 Sept 2020CRL RC/630/2020

Case brief

AI extract

What is this about?

The High Court allowed a criminal revision setting aside the District Court's dismissal of an interim custody petition. The Court redirected police to return the seized tractor to the non-accused petitioner on six stringent conditions including bond, deposit, and undertaking.

What did the court decide?

Impugned order dated 29.06.2020 set aside; Respondent police directed to grant interim custody of tractor to petitioner within 7 days on six specified conditions.

K.Kalaivani Vs State by — Property and Title | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 01.09.2020

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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.630 of 2020

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K.Kalaivani

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... Petitioner/ owner of the vehicle

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Vs.

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State represented by The Inspector of Police, Kilvelur Police Station, Nagapattinam District.

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(Crime No.361 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 29.06.2020 passed in Crl.M.P.No.1580 of 2020 on the file of the District and Sessions Court, Nagapattinam and to direct the respondent to return the petitioner's vehicle (Tractor) bearing Registration No.TN-51-AJ0699 seized in Crime No.361 of 2020 on the file of the respondent/police.

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For Petitioner : Mr.P.Muthamizh Selvakumar For Respondent : Mrs.P.Kritika Kamal Government Advocate (Crl. Side)

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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 29.06.2020 passed in Crl.M.P.No.1580 of 2020 on the file of the District and Sessions Court, Nagapattinam and to direct the respondent to return the petitioner's vehicle (Tractor) bearing Registration No.TN-51-AJ0699 seized in Crime No.361 of 2020 on the file of the respondent/police.

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The petitioner is the owner of the vehicle (Tractor) bearing Registration No.TN-51-AJ-0699, which was seized on 08.04.2020, while transporting one unit of savudu sand and a case was registered in Crime No.361 of 2020 for the offences

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

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under Sections 379 and 430 IPC and Section 21(1) of the Mines and Minerals (Development & Regulation) Act, 1957. The petitioner filed Crl.M.P.No.1580 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 29.06.2020, challenging which, the petitioner has preferred the present revision petition.

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Heard Mr.P.Muthamizh Selvakumar, 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 08.04.2020 and the vehicle is in the police station open to sun and rain. Admittedly, the petitioner is not an accused in this case and there is no previous case pending against her.

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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(Tractor) bearing Registration No.TN51-AJ-0699 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.50,000/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 nonrefundable 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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https://hcservices.ecourts.gov.in/hcservices/

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1(2002) 10 SCC 290

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(ii The petitioner shall give an undertaking before the i) 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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(vi The petitioner is also directed to participate in
i) 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 29.06.2020 passed in Crl.M.P.No.1580 of 2020 on the file of the District and Sessions Court, Nagapattinam, is set aside.

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Sub-Assistant Registrar

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

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To
1.The District and Sessions Judge,
Nagapattinam.
2.The Tahsildar,
Nagapattinam.
3.The Inspector of Police,
Kilvelur Police Station,
Nagapattinam District.
4.The Public Prosecutor,
Madras High Court,
Chennai – 600 104.
Copy to
The District Mines and Minerals Foundation Trust
Nagapattinam
Crl.R.C.No.630 of 2020
KK(CO)
SP(05/10/2020)

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

K.Kalaivani v. State by

Case brief

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K.Kalaivani v. State by

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