D. Easwari Vs The State of Tamil Nadu

PRAYER: Criminal Revision Petition is filed under Section 438 r/w 442 of BNSS, 2023, to call for the records and to set aside the order passed by the learned Judicial Magistrate No.II, Virudhunagar, in Crl.M.P.No.562 of 2025 in Crime No.152 of 2025 dated 27.05.2025.

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For Petitioner : Mr.S.Ramsundarvijayraj

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For Respondent : Mr.S.S.Manoj, Government Advocate (Criminal side)

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ORDER

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This Criminal Revision Petition is filed to call for the records relating

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to the order of the learned Judicial Magistrate No.II, Virudhunagar, in Cr.M.P.No.562 of 2025 dated 27.05.2025 and set aside the same and

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

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CRL RC(MD)No.814 of 2025

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entrust the custody of the vehicle to the petitioner.

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The case of the prosecution is that the respondent filed a FIR in Crime No.152 of 2025, under Section 303 of BNS, 2023 and Section 21(1) of Mines and Minerals (Development and Regulations) Act, for illegal transport of sand through Tauras lorry bearing registration No.TN-52-A-5797. Subsequently, the petitioner's vehicle was seized. Thereafter, the petitioner filed Cr.M.P.No.562 of 2025 for the return of vehicle before the learned Judicial Magistrate No.II, Virudhunagar, and the same was dismissed on 27.05.2025.

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The petitioner preferred this Criminal Revision Petition as against the order dated 27.05.2025 made in Cr.M.P.No.562 of 2025 on the file of the learned Judicial Magistrate No.II, Virudhunagar, 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, submitted that if the vehicle is returned to the petitioner, there is possibility for the vehicle being used for the commission

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CRL RC(MD)No.814 of 2025

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of similar offence and objected to grant interim custody of the vehicle to the petitioner.

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The learned counsel appearing for the petitioner would submit that the vehicle bearing Registration No.TN-52-A-5797 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 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 27.05.2025 passed in Crl.M.P.No.562 of 2025 by the learned Judicial Magistrate No.II, Virudhunagar.

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Accordingly, this Criminal Revision Case is allowed and the order dated 27.05.2025, passed in Cr.M.P.No.562 of 2025 by the learned Judicial Magistrate No.II, Virudhunagar, is hereby set aside and the vehicle viz., Tauras lorry bearing Registration No.TN-52-A-5797, is ordered to be

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CRL RC(MD)No.814 of 2025

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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.25,000/(Rupees Twenty Five Thousand 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. 2,00,000/- (Rupees Two Lakhs only), with two sureties for a likesum to the satisfaction of the learned Judicial Magistrate No.II, Virudhunagar ;

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(c) the petitioner shall deposit the original Registration Certificate of the vehicle before the learned Judicial Magistrate No.II, Virudhunagar ;

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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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