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Prakash v. State Rep. by

Madras HC15 Jul 2025CRL RC/1072/2025

Case brief

AI extract

What is this about?

Keywords: return of seized vehicle; interim custody; TATA Ace TN-25-Q-8690 TN-25-CE-9325; tobacco products; Crime No.78 of 2025; Crl.M.P.No.425 of 2025; Judicial Magistrate No.II Tiruvannamalai; Sections 438 and 442 BNSS 2023; own bond Rs.1,00,000; original registration certificate; Madras High Court; G.K. Ilanthiraiyan J; criminal revision allowed 15.07.2025.

What did the court decide?

The Criminal Revision Case is allowed; the order in Crl.M.P.No.425 of 2025 dated 02.06.2025 is set aside and the two TATA Ace vehicles (Regn. Nos. TN-25-Q-8690 and TN-25-CE-9325) are directed to be returned to the petitioner on deposit of the original registration certificates and subject to the enumerated conditions. ¶38

Prakash Vs State Rep. by — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the order of the learned Judicial Magistrate No.II, Tiruvannamalai in Crl.M.P.No.425 of 2025 dated 02.06.2025 dismissing return of the seized TATA Ace vehicles should be set aside and the vehicles returned to the petitioner.

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Court's answer

Since the petitioner is now in possession of the registration certificates of both vehicles, no purpose would be served by keeping the property in the custody of the Trial Court; the order in Crl.M.P.No.425 of 2025 dated 02.06.2025 passed by the Judicial Magistrate No.II, Tiruvannamalai is set aside and the vehicles (TATA Ace Regn. Nos. TN-25-Q-8690 and TN-25-CE-9325) are to be returned to the petitioner on condition that he deposits the original registration certificates before the Trial Court.

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Ratio / Principle

Return of the vehicles is made subject to further conditions: execution of an own bond of Rs.1,00,000/- (Rupees One lakh only) for each vehicle to the credit of Crime No.78 of 2025; photographing of the seized items at the petitioner's cost with a list signed by the petitioner; no alienation or alteration of the vehicles; production of the vehicles before the Court and the respondent police as and when required; and automatic cancellation of the order if any condition is violated.

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Detailed headnote1 paragraphs

Madras High Court (G.K. Ilanthiraiyan, J.) allowed a criminal revision under Sections 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed by the owner of two TATA Ace vehicles (Regn. Nos. TN-25-Q-8690 and TN-25-CE-9325) seized in connection with Crime No.78 of 2025, involving illegal transportation of tobacco products worth about Rs.2,01,576/-. The Judicial Magistrate No.II, Tiruvannamalai had dismissed the petitioner's application for return of the vehicles for failure to produce the original registration certificates and prove ownership; counsel submitted the certificates were now available. Holding that no purpose would be served by keeping the property in the custody of the Trial Court, the Court set aside the order dated 02.06.2025 in Crl.M.P.No.425 of 2025 and directed return of the vehicles on the petitioner depositing the original registration certificates, subject to: an own bond of Rs.1,00,000/- per vehicle to the credit of Crime No.78 of 2025; photographing of the seized items at the petitioner's cost with a signed list; no alienation or alteration of the vehicles; production before the Court and the respondent police as and when required; and automatic cancellation of the order on violation of any condition. (15.07.2025)

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Crl.R.C.No.1072 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 15.07.2025

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CORAM:

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THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

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Crl.R.C.No.1072 of 2025

Prakash

... Petitioner

State Rep. by Inspector of Police, West Police Station, Tiruvannamalai. Crime No.78 of 2025

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... Respondent

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PRAYER: Criminal Revision Case is filed under Section 438 read with Section 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to set aside the order passed by the learned Judicial Magistrate No.II, Tiruvannamalai in Crl.M.P.No.425 of 2025 dated 02.06.2025 and direct the respondent police to return the seized two Tata Ace vehicles in respect of Crime No.78 of 2025 to the petitioner.

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For Petitioner : Mr.T.Shanmugam

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For Respondent : Mr.A.Gopinath Government Advocate (Crl.side)

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ORDER

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Page 1 of 6

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https://www.mhc.tn.gov.in/judis

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Crl.R.C.No.1072 of 2025

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This Criminal Revision has been filed challenging the order dated

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02.06.2025 passed in Crl.M.P.No.425 of 2025 by the Judicial Magistrate No.II, Tiruvannamalai, thereby dismissing the petition seeking return of the property.

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2 . Heard the learned counsel appearing on either side and perused the materials placed on record.

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The petitioner owned TATA Ace vehicles bearing Registration Nos.TN-25-Q-8690 and TN-25-CE-9325. Both the vehicles were used for illegal transportation of tobacco products worth about Rs.2,01,576/-. All the accused persons were found in possession of tobacco products and as such, an FIR came to be registered. Pursuant to the registration of the FIR, the tobacco products and the vehicles were seized by the respondent and produced before the Trial Court. Subsequently, the petitioner filed a petition seeking return of the vehicles. However, the same was dismissed on the ground that the petitioner failed to produce the original registration certificates of the vehicles and failed to prove his ownership.

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Page 2 of 6

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https://www.mhc.tn.gov.in/judis

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Crl.R.C.No.1072 of 2025

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The learned counsel appearing for the petitioner submitted that

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now the petitioner is now in possession of registration certificates of both the vehicles.

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5. In view of the above, no purpose would be served merely keeping the property under the custody of the Trial Court. Accordingly, the order passed in Crl.M.P.No.425 of 2025 dated 02.06.2025, on the file of the Judicial Magistrate No.II, Tiruvannamalai, is hereby set aside and this Court is inclined to return the vehicles to the petitioner, on condition that the petitioner shall deposit the original registration certificates before the Trial Court. On production of such original registration certificates, the Judicial Magistrate No.II, Tiruvannamalai, is directed to return the vehicles, viz., TATA Ace bearing Registration No.TN-25-Q-8690 and TN-25-CE-9325 to the petitioner, forthwith on the following further conditions:-

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(i) the petitioner is directed to execute an own bond for a sum of Rs.1,00,000/- (Rupees One lakh only) for each vehicle, to the satisfaction of the concerned Magistrate, to the credit of Crime No.78 of 2025 pending on the file of the respondent police.

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(ii) the seized items should be photographed at the cost of the petitioner herein and a list is to be prepared and the same

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Page 3 of 6

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https://www.mhc.tn.gov.in/judis

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Crl.R.C.No.1072 of 2025

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is to be signed by the petitioner.

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(iii) the petitioner shall not alienate and shall not make any alteration in the vehicle.