The High Court allowed a criminal revision challenging a Sessions Court order releasing seized JCB earth moving equipment. The court modified the security condition from Rs. 10 lakhs to Rs. 1 lakh before releasing the vehicle to the petitioner.
The order setting conditions for release was set aside; security modified to Rs. 1 lakh.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.R.C(MD)No.74 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.01.2020 CORAM
THE HONOURABLE MRS. JUSTICE T.KRISHNAVALLI
Crl.R.C(MD)No.74 of 2020
Muthukumar
... Petitioner/Appellant
Vs.
State through its Inspector of Police, Sivagangai Taluk Police Station. (Crime No.236 of 2019)
...Respondent/Complainant
Prayer : This Criminal Revision has been filed under Section 397 r/w 401 of Criminal Procedure Code, to set aside the order passed in Crl.M.P.No.3655 of 2019 on the file of the learned Principal District Sessions Judge, Sivagangai, dated 20.12.2019.
For Petitioner : Mr.Poornachandran for M/s.S.MP.Amalan
For Respondent : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.side)
O R D E R
This Criminal Revision Petition has been filed to quash the order passed in Crl.M.P.No.3655 of 2019 on the file of the learned Principal District Sessions Judge, Sivagangai, dated 20.12.2019.
2.The petitioner claims to be the owner of the J.C.B Earth Moving Equipment bearing Registration No. T.N 57 BZ 9315. On 14.11.2019, the respondent police intercepted the vehicle of the petitioner and seized the same on the allegation that it was used for carrying illegal river sand without any valid permit and registered a case in Crime No.236 of 2019 under Section 379 of IPC r/w 21(1) of Mines and Minerals (Development & Regulation) Act, 1957 and thereafter, the vehicle is in the custody of the respondent police station. Subsequently, the petitioner approached the learned Principal District Sessions Judge, Sivagangai, by filing a petition for release of the J.C.B Earth Moving Equipment and the learned judge allowed the petition filed by the petitioner in Crl.M.P.No.3655 of 2019, dated 20.12.2019, by imposing conditions. The 2nd condition is that the petitioner should deposit a sum of Rs.10,00,000/- before the learned Principal District Sessions Judge, https://hcservices.ecourts.gov.in/hcservices/
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Crl.R.C(MD)No.74 of 2020
Sivagangai.
3.The learned counsel for the petitioner would submit that this Court imposing condition only a sum of Rs.50,000/- for release of JCB vehicle. Hence, he challenging the 2nd condition, imposed by the trial Court.
4.Heard the learned counsel appearing on either side and perused the materials available on record.
5.The only grievance of the petitioner is that the 2nd condition imposed by the learned Principal District Sessions Judge, Sivagangai is onerous.
6.In view of that, this Criminal Revision is allowed. The order of the learned Principal District Sessions Judge, Sivagangai, dated 20.12.2019 is set aside in respect of the 2nd condition alone and it is modified to the effect that the petitioner shall deposit a sum of Rs.1,00,000/- (Rupees One Lakh Only) before the learned Principal District Sessions Judge, Sivagangai, to the credit of Crime No.236 of 2019 within a period of one week from the date of receipt of a copy of this order. In respect of other conditions, the order of the learned Principal District Sessions Judge shall remain unaltered.
dss
To
1.The Principal District Sessions Judge, Sivagangai.
2.The Inspector of Police, Sivagangai Taluk Police Station.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Crl.R.C(MD)No.74 of 2020 29.01.2020
JMN(05.02.2020) 2P : 5C
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1 issue framed by the court
Whether the second condition of depositing Rs. 10,00,000/ imposed for releasing seized JCB vehicle was justified.
2 provisions across 2 enactments
Muthukumar
State through its Inspector of Police, Sivagangai Taluk Police Station
T. Krishnavalli
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
