Allowed

B.Vignesh v. the State Rep by

Madras HC20 Apr 2021CRL OP/7341/2021

Case brief

AI extract

What is this about?

The High Court allowed a Criminal Original Petition under Section 482 Cr.P.C. setting aside the trial court's dismissal of a return of property petition. The court directed the session's court to entertain the plea for the return of a seized vehicle used in transporting brandy after the accused were acquitted in the lower court.

What did the court decide?

The trial court order dated 19.03.2021 set aside; petitioner directed to file return of property petition and trial court directed to entertain and dispose of it on merits.

B.Vignesh Vs the State Rep by — Criminal Trial and Appeal | Madras HC (2021)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED : 20.04.2021

¶3

CORAM:

¶4

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

¶5

CRL.OP.NO.7341 OF 2021

¶6

B.Vignesh ... Petitioner
Versus
State rep. by
Sub-Inspector of Police,
PEW, Triplicane range,
Chennai. ... Respondent
PRAYER:
Criminal Original Petition filed under Section 482 of the
Code of Criminal Procedure, to direct the respondent to return
the petitioner's vehicle (Yamaha FZS) in Reg.No.TN-01, BH-5108
in Crime No.16 of 2021 on the file of the respondent.
For Petitioner : Mr.M.P.Saravanan
For Respondent : Mr.C.Raghavan
Government Advocate
ORDER
The petitioner who is the owner of Yamaha FZS bearing
Reg.No.TN-01, BH-5108 had filed a return of property petition
before the learned XIV Metropolitan Magistrate, Egmore, Chennai.
The above Yamaha FZS was involved in transportation of brandi
bottles for which a case under Section 4(1)(a) of TNP Act
against 1.Muthusamy and 2.Kathiravan came to be registered on
14.01.2021 in Crime No.16 of 2021. The accused were arrested
along with the vehicle Yamaha FZS, that carried brandi bottles,
for which Seizure Mahazar Ex.P2 has been marked. In this case,
the trial court by Judgment dated 12.02.2021 in CC.No.562 of
2021 had acquitted the accused.

¶7

Thereafter, the petitioner being the owner of the vehicle had filed return of property petition under Sections 457 and 452 of Cr.P.C. The trial court had returned the return of property petition for the reason that the Yamaha FZS bearing Reg.No.TN01, BH-5108 has not been produced before the Court. The trial court ought not have returned the petition since the petitioner

¶8

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

¶9

has filed the petition under Sections 457 and 452 of Cr.P.C. only after concluding the trial in CC.No.562 of 2021. Section 457 of Cr.P.C. states about the procedure upon seizure of property by police. In this case, PW3 had admitted about the seizure of the vehicle through Ex.P2. The relevant portion of the evidence of PW3 is extracted hereunder.

¶10

"ehd; ,d;iwa njjptiuapy; vjphpaplkpUe;J ifg;gw ;wg ;gl ;l thfdj;ij muRilahf;Ftjw;F ve;j eltof;fia[k ; vLf;ftpy;iy vd;why; rhpay;y. tz;oapd; chpikahsUf;F ve;jtpj mwptpg;g [k ; bfhLf;ftpy;iy"

¶11

In view of the same, the trial court ought to have entertained the petition for return of property. Hence, the trial court order dated 19.03.2021 is set aside and the trial court is directed to entertain the petition filed by the petitioner and thereafter, dispose of the same on merits.

¶12

Accordingly, this Criminal Original Petition is allowed.
Sd/-
Assistant Registrar(CS VII)
//True Copy//
Sub Assistant Registrar
mbi
To
1. The XIVth Metropolitan Magistrate,
Egmore, Chennai.
2. The Sub-Inspector of Police,
PEW, Triplicane range,
Chennai.
3. The Public Prosecutor,
Madras High Court,
Chennai.
+1cc to Mr.M.P.Saravanan, Advocate, S.R.No.24759
Crl.OP.No.7341 of 2021
RSV(CO)
CS/22/06/2021

¶13

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

B.Vignesh v. the State Rep by

Case brief

What is this about?

What did the court decide?

B.Vignesh v. the State Rep by

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Karthikeyan Vs State Rep by

R.Bhuvaneshwari Vs State Rep by

Yasodha Vs D.Thangaraj

Mani Vs State Rep by

Ramkumar Vs the State Rep.by

Arun Vs the State Rep.by