Chinnasamy Vs The State of Tamilnadu

PRAYER: Criminal Revision Petition is filed under Section 438 r/w 442 of BNSS, to call for the records pertaining to the order passed in Crl.M.P.No.564 of 2025 on the file of the learned Judicial Magistrate, Uthamapalayam, Theni District, dated 03.06.2025 and set aside the same and consequently directing the learned Judicial Magistrate, Uthamapalayam to return the petitioner's vehicle bearing Registration No.TN18P 9281 (Tipper Lorry Goods Carrier Tata Motors Ltd.,) in connection with the case in crime No.156 of 2025 on the file of the respondent police.

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For Petitioner : Mr.T.Antony Arulraj For Respondent : Mr.S.S.Manoj, Government Advocate (Criminal side)

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

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CRL RC(MD)No.670 of 2025

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ORDER

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This Criminal Revision Petition is filed to call for the records pertaining to the order passed in Crl.M.P.No.564 of 2025 on the file of the learned Judicial Magistrate, Uthamapalayam, Theni District, dated 03.06.2025 and set aside the same.

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The case of the prosecution is that on 17.04.2025, the defacto complainant who is Assistant Director, Mines and Minerals Department, Theni District, while conducting a patrol checkup near Chinnamanur Bypass Road, they intercepted the vehicle, namely, Tipper Lorry bearing Registration No.TN18P 9281 and found that 3 Unit of Sand. Thereafter, the 1^st respondent police seized the vehicle along with alleged sand. The petitioner herein is the owner of the seized vehicle. Subsequently, the petitioner had preferred Crl.M.P.No.564 of 2025, seeking interim custody of the Tipper Lorry. However, the said application was dismissed by the learned Judicial Magistrate, Uthamapalayam, Theni District, vide order dated 03.06.2025.

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The petitioner preferred this Criminal Revision Petition as against the order dated 03.06.2025 made in Crl.M.P.No.564 of 2025 on

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

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CRL RC(MD)No.670 of 2025

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the file of the learned Judicial Magistrate, Uthamapalayam, Theni District, and to set aside the same.

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Heard the learned counsels on either side and carefully perused the materials available on record.

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The learned Government Advocate (Criminal side) appearing for the respondent Mr.S.S.Manoj, would fairly submit that the petitioner is the owner of the vehicle and he further categorically contended that this petition should not be allowed for the reason that the confiscation proceedings has already been initiated.

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The learned counsel appearing for the petitioner would submit that the vehicle bearing Registration No. TN18P 9281 is owned by the petitioner and he was not involved in any such offence as alleged by the respondent and if the vehicle is kept in open place, the vehicle will get deteriorated and the value of the vehicle would automatically stand diminished and therefore interim custody may be granted to the petitioner.

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Considering the fact that there is no previous case as against the petitioner and also the fact that if the vehicle is kept in open place 3/7

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CRL RC(MD)No.670 of 2025

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exposing to sun and rain, the value of the vehicle will be deteriorated and no purpose will be served in keeping the vehicle in custody, this Court is inclined to allow the revision and thereby setting aside the impugned order dated 03.06.2025 passed in Crl.M.P.No.564 of 2025 by the learned Judicial Magistrate, Uthamapalayam, Theni District.

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Accordingly, this Criminal Revision Case is allowed and the order dated 03.06.2025 passed in Crl.M.P.No.564 of 2025 by the learned Judicial Magistrate, Uthamapalayam, Theni District, is hereby set aside and the vehicle viz., Tipper Lorry bearing Registration No.TN18P 9281, is ordered to be returned to the petitioner for interim custody subject to the confiscation proceedings to be taken by the concern Department or by the Court on the following conditions:-

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(a) the petitioner is directed to deposit a sum of Rs.1,00,000/(Rupees One Lakh only) as non-refundable deposit for the said vehicle to the credit of the RAY OF LIGHT FOUNDATION, Bank Name: HDFC BANK, A/c No:50100078904233, A/c Name: Ray of Light Foundation, Branch: HABIBULLAH ROAD, T NAGAR, CHENNAI, IFSC code: HDFC0001864 ;

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(b) the petitioner shall execute a bond for a sum of Rs.8,00,000/-

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(Rupees Eight Lakhs only), with two sureties for a likesum to the satisfaction of the learned Judicial Magistrate,

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Uthamapalayam, Theni District;

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(c) the petitioner shall deposit the original Registration Certificate of the vehicle before the learned Judicial Magistrate, Uthamapalayam, Theni District;

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(d) The petitioner shall give an undertaking before the respondent/ authority concerned stating that he will not use the vehicle in question for any illegal activities in future, failing which the respondent/trial Court is at liberty to confiscate the vehicle;

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