Disposed¶34

Deepan v. the Inspector of Police

Madras HC14 Mar 2025CRL RC/1348/2023

Case brief

AI extract

What is this about?

Interim custody of seized vehicle; illegal sand transportation; Crime No.113 of 2021; Manalmedu Police Station, Mayiladuthurai; Sections 379, 430 IPC; Section 21(1) MMDR Act 1957; Sections 451, 457, 397, 401 Cr.P.C.; confiscation proceedings pending; Crl.M.P.No.851 of 2021 dismissed 17.03.2021; charge sheet e-filing No.C202500069 filed 11.03.2025; petitioner at liberty to participate in confiscation enquiry; Deepan v. State of Tamil Nadu; Madras High Court; Justice P. Velmurugan; disposed 14.03.2025.

What did the court decide?

Interim custody of vehicle TN 31-AU-9113 was not granted; the petitioner was declared at liberty to participate in the pending confiscation proceedings, and the competent authority was directed to conduct an enquiry after issuing notice to the petitioner and dispose of the matter in accordance with law. ¶34

Deepan Vs the Inspector of Police — Mining and Natural Resources | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, owner of the seized vehicle bearing Registration No. TN 31-AU-9113, should be granted interim custody of the vehicle (i.e., whether the order dated 17.03.2021 in Crl.M.P.No.851 of 2021 dismissing his Sections 451/457 Cr.P.C. application should be set aside). +1 more

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Ratio / Principle

Since confiscation proceedings have been initiated, the petitioner is at liberty to participate in the confiscation proceeding (interim custody of the vehicle not being granted through this revision).

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Key takeaways

The competent authority is directed to conduct an enquiry after issuing notice to the petitioner and dispose of the matter in accordance with law.ratio¶32

Detailed headnote1 paragraphs

Madras High Court (P. Velmurugan, J.) disposed of a Criminal Revision Petition under Section 397 read with Section 401 of Cr.P.C. filed by the owner of vehicle TN 31-AU-9113, seized in Crime No.113 of 2021 (Sections 379 and 430 IPC; Section 21(1) of Mines and Minerals (Development and Regulation) Act 1957) for alleged illegal transportation of sand, challenging the dismissal dated 17.03.2021 of his Crl.M.P.No.851 of 2021 under Sections 451 and 457 of Cr.P.C. seeking return of the vehicle. Noting that investigation is complete, the charge sheet has been filed before the Judicial Magistrate No.I, Mayiladuthurai, the vehicle stands produced before the Magistrate, and confiscation proceedings have been initiated and are pending, the Court held the petitioner is at liberty to participate in the confiscation proceeding and directed the competent authority to conduct an enquiry after issuing notice to him and dispose of the matter in accordance with law. Interim custody of the vehicle was not granted; the revision was disposed of.

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Crl.R.C.No.1348 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 14.03.2025

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CORAM

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THE HON'BLE MR. JUSTICE P.VELMURUGAN

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Crl.R.C.No.1348 of 2023

Deepan

... Petitioner

State of Tamil Nadu represented by, The Inspector of Police, Manalmedu Police Staiton, Mayiladuthurai District. ... Respondent

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PRAYER:

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Criminal Revision Petition filed under Section 397 read with Section 401 of Cr.P.C.,to set aside the order passed in Crl.M.P.No.851 of 2021 on the file of the District and Sessions Judge, Nagapattinam dated 17.03.2021 and grant interim custody of the vehicle bearing Registration No. TN 31-AU-9113 in favour of the petitioner.

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For Petitioner : Mr.U.Kathiravan

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For Respondent : Mr.S.Sugendran Additional Public Prosecutor

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Page 1 of 5

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

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Crl.R.C.No.1348 of 2023

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O R D E R

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This Criminal Revision Petition has been filed to set aside the order dated 17.03.2021 passed in Crl.M.P.No.851 of 2021 on the file of

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the District and Sessions Judge, Nagapattinam and to grant interim custody of the vehicle bearing Registration No. TN 31-AU-9113 in favour of the petitioner.

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Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent-Police and perused the materials available on record.

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The learned counsel for the petitioner submitted that the respondent Police registered a case in Crime No.113 of 2021 against the petitioner for the offence under Sections 379 and 430 of IPC and Section 21(1) of Mines and Minerals (Development and Regulation) Act 1957. the petitioner is the owner of the vehicle. The alleged offence is that the petitioner used his vehicle for illegal transportation of sand. The

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Page 2 of 5

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

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Crl.R.C.No.1348 of 2023

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petitioner is noway connected with the alleged offence. Hence, the petitioner filed a petition in Crl.M.P.No.851 of 2021 under Sections 451 and 457 of Cr.P.C., seeking return of vehicle, on the file of the Principal District and Sessions Court, Nagapattinam. The learned Sessions Judge dismissed the same vide impugned order dated 17.03.2021. Aggrieved by the same, the petitioner has filed this Criminal Revision Petition.

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4. Today, when the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondent-Police submitted that investigation has been completed and charge sheet has also been filed before the Judicial Magistrate No.I Court, Mayiladuthurai vide e-filing No.C202500069 on 11.03.2025 and the vehicle has been produced before the Magistrate concerned. He further submitted that confiscation proceedings has been initiated and the same is pending.

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Since the confiscation proceedings has been initiated, the petitioner is at liberty to participate in the confiscation proceeding.

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Page 3 of 5

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

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Crl.R.C.No.1348 of 2023

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Further, the competent authority is directed to conduct enquiry after issuing notice to the petitioner and dispose of the matter in accordance with law.

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6. With the abovesaid direction, this Criminal Revision Petition is

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disposed of.

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14.03.2025

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mfa Index:Yes/No Speaking Order: Yes/No Neutral Citation: Yes/No

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