Dismissed

S.Velmurugan v. The Additional Superintendent of Police

Madras HC4 Feb 2022CRL RC(MD)/5/2022

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court dismissed a Criminal Revision filed to set aside a confiscation order under the Tamil Nadu Prohibition Act. The Court held that a specific appeal under the Act was available and held the remedy for calling for records was not maintainable in this context.

What did the court decide?

Criminal Revision Case is dismissed with liberty to the petitioner to approach the concerned forum (Sessions Court).

S.Velmurugan Vs The Additional Superintendent of Police — Madras HC (2022) — LawSathi Research

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Crl. R.C.(MD)No.5 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATE : 04.02.2022

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CORAM

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THE HONOURABLE MRS. JUSTICE R. THARANI

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Crl. R.C.(MD)No.5 of 2022 and Crl.M.P(MD)No.71 of 2022

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S.Velmurugan ... Petitioner/Respondent/Accused No.4

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Vs.

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1.The Additional Superintendent of Police, Prohibition & Enforcement Wing, Theni District, Theni. ... Respondent/Competent Authority

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2.The Sub-Inspector of Police, Gandamanur Police Station, Theni District. (Crime No.186 of 2021) ...Respondents/Respondents/ Complainant

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Prayer : This Criminal Revision Case is filed under Sections 397 and 401 of Cr.P.C., to call for the entire records pertaining to the order passed by the first respondent vide his proceedings in C.No.69/ADSP-HQrs./i/c-PEW/TNI/2021 dated 06.12.2021 and set aside the same and consequently direct the respondents to return the petitioner's Auto bearing it registration No.TN-76-P-8329 in connection with the case in Crime No.186/2021 on the file of the second respondent to the petitioner.

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For Petitioner : Mr.M.Pitchai Muthu For Respondents : Mr.K.Sanjay Gandhi Government Advocate (Crl. Side)

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ORDER

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This petition has been filed to set aside the order passed in C.No.69/ADSP-HQrs./i/c-PEW/TNI/2021 dated 06.12.2021 by the first respondent.

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2.The petitioner has approached this Court against the order of confiscation. Against the order of confiscation appeal has to be filed before the Sessions Court under Section 14(b) of Tamil Nadu Prohibition Act. Hence, the Criminal Revision Case is dismissed with liberty to the petitioner to approach the concerned forum. https://hcservices.ecourts.gov.in/hcservices/

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Crl. R.C.(MD)No.5 of 2022

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Consequently, connected miscellaneous petition is closed.

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Sd/Deputy Registrar (LA & MC) // True Copy //

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Note : In view of the present lock down owing to COVID – 19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

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1.The Additional Superintendent of Police, Prohibition & Enforcement Wing, Theni District, Theni. 2.The Sub-Inspector of Police, Gandamanur Police Station, Theni District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Crl. R.C.(MD)No. 5 of 2022 04.02.2022

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MGJ(07.03.2022) 2P 4C

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

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S.Velmurugan v. The Additional Superintendent of Police

Case brief

What is this about?

What did the court decide?

S.Velmurugan v. The Additional Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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