Rajmohan Vs The State of Tamilnadu — Madras HC (2025) — LawSathi Research

Rajmohan Vs The State of Tamilnadu — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Vehicle (JCB 3DX EXCAVATOR (JCB215LC), Chassis No.PUNJD21AEP3274631, Engine No.95418877) returned to the petitioner for interim custody, subject to confiscation proceedings and conditions: Rs.50,000 non-refundable deposit to Ray of Light Foundation account; bond of Rs.25,00,000 with two sureties; deposit of original Registration Certificate; undertaking against illegal use; no alienation/alteration; monthly production before Court and police.

Issue for consideration

Whether the order dated 07.02.2025 in Cr.M.P.No.51 of 2025 dismissing the petitioner's application (under Section 497 B.N.S.S.) for return/interim custody of the seized JCB excavator should be set aside and interim custody granted to the petitioner.

Court's answer

Since the vehicle kept in open place exposed to sun and rain would deteriorate in value and no purpose would be served by continuing it in custody, the Court found interference with the dismissal warranted and was inclined to allow the revision.

Ratio / Principle

The Criminal Revision Case is allowed and the order dated 07.02.2025 in Cr.M.P.No.51 of 2025 is set aside; the JCB 3DX EXCAVATOR (JCB215LC) bearing Chassis No.PUNJD21AEP3274631 and Engine No.95418877 is ordered to be returned to the petitioner for interim custody.

Key takeaways

The interim custody is made subject to confiscation proceedings by the concerned Department or the Court, and conditional on: (a) non-refundable deposit of Rs.50,000 to the credit of Ray of Light Foundation (HDFC Bank); (b) execution of a bond for Rs.25,00,000 with two sureties for like sum; (c) deposit of the original Registration Certificate; (d) undertaking not to use the vehicle for illegal activities, failing which confiscation; (e) no alienation or alteration of the vehicle; (f) production of the vehicle before the Court and respondent police on the first working day of every English Calendar month until further orders.ratio¶8

Detailed headnote1 paragraphs

Criminal Revision under Section 438 r/w 442 B.N.S.S. against dismissal of an application under Section 497 B.N.S.S. for return of a seized vehicle — Madras High Court (Madurai Bench) allowed the revision and set aside the order dated 07.02.2025 of the District Munsif cum Judicial Magistrate, Thiruvidaimaruthur, directing that the petitioner's JCB 3DX EXCAVATOR (JCB215LC), Chassis No.PUNJD21AEP3274631 / Engine No.95418877, seized in Crime No.478 of 2023 (Sections 379 IPC r/w 21(4) of the Mines & Minerals (Development & Regulation) Act, 1957) for alleged excavation and transport of sand, be returned to him for interim custody. Custody granted because continued exposure of the vehicle to sun and rain would deteriorate its value and serve no purpose. Return made subject to confiscation proceedings by the concerned Department or Court and to conditions: non-refundable deposit of Rs.50,000 to Ray of Light Foundation (HDFC Bank); bond of Rs.25,00,000 with two sureties; deposit of original Registration Certificate; undertaking not to use the vehicle for any illegal activity; no alienation or alteration; and production before the Court and police on the first working day of every month until further orders.