Nanthakumar Vs State Of Tamilnadu Rep By Inspector Of Police, Thogaimalai

Prayer : Criminal Revision Petition filed under Section 438 and 442 of BNSS, 2023, to call for the records pertaining to order passed in Cr.MP.No.167 of 2024 on the file of Judicial Magistrate Court No.I, Kulithalai dated 27.02.2024 and set aside the same by allowing the revision petition..

¶13

For Petitioner : Mr.R.Ponkarthikeyan For R-1 : Mr.M.Karunanithi Government Advocate

¶14

1/10

¶15

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

¶16

Crl.R.C.(MD).No.1470 of 2025

¶17

ORDER

¶18

Heard Mr.K.Ponkarthikeyan, learned counsel for petitioner and Mr.M.Karunanithi, learned Government Advocate (Crl. Side) appearing for first respondent.

¶19

The present Criminal Revision Case has been filed to set aside the order of Judicial Magistrate Court No.I, Kulithalai dated 27.02.2024 in Cr.M.P.No.167 of 2024, whereby, the petition under Section 497 and 503 of BNSS for interim custody of vehicle viz., Swaraj Tractor bearing Registration No.TN 63 R 6338, was rejected.

¶20

Learned counsel for revision petitioner would submit that petitioner purchased the vehicle, viz., Swaraj Tractor bearing Registration No.TN 63 R 6338 from one Mr.V.Palanivel and name transfer of the said vehicle is under process. The said vehicle was seized by respondent Police and a case was registered in Crime No.403 of 2022 dated 30.11.2022 for offences punishable under Section 379 of IPC and Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957, alleging that petitioner illegally transported ½ unit of savudu sand. Petitioner has filed Cr.M.P.No.167 of 2024 2/10

¶21

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

¶22

Crl.R.C.(MD).No.1470 of 2025

¶23

before the Judicial Magistrate Court No.I, Kulithalai, to grant interim custody of the said vehicle and the said petition was dismissed by the Court below by the impugned order dated 27.02.2024. Hence, this Criminal Revision Case has been filed.

¶24

4. Learned counsel for petitioner, by placing reliance on delivery note, registration certificate, transfer of insurance, Form-29, Form-30, Form 60 and sale receipt of the said vehicle, would submit that petitioner is lawful owner of the said vehicle and he would abide by any conditions that may be imposed by this Court.

¶25

5. Learned Government Advocate (Crl.side) would submit that Registration Certificate continues to remain in the name of one Mr.V.Palanivel and the name transfer may be effected within the period stipulated by this Court. In these circumstances, the said vehicle may be released subject to conditions and in case, confiscation proceedings are being initiated, petitioner must co-operate and the same was agreed to by learned counsel for revision petitioner.

¶26

3/10

¶27

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

¶28

Crl.R.C.(MD).No.1470 of 2025

¶29

Before proceeding further, it may be relevant to refer to provisions of

¶30

Sections 497 and 503 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS),

¶31

which reads as follows:-

¶32

" 497. Order for custody and disposal of property pending trial in certain cases.- When any property is produced before any Criminal Court during any inquiry or trial, the Court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the inquiry or trial, and, if the property is subject to speedy and natural decay, or if it is otherwise expedient so to do, the Court may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of.

¶33

Explanation.- For the purposes of this section," property" includes-

¶34

(a) property of any kind or document which is produced before the Court or which is in its custody,

¶35

(b) any property regarding which an offence appears to have been committed or which appears to have been used for the commission of any offence.

¶36

(2) The Court or the Magistrate shall, within a period of fourteen days from the production of the property referred to in sub-section (1) before it, prepare a statement of such property containing its description in such form and manner as the State Government may, by rules, provide.

¶37

(3)The Court or the Magistrate shall cause to be taken the photograph and if necessary, videograph on mobile phone or any electronic media, of the property referred to in sub-section (1).

¶38

(4)The statement prepared under sub-section (2) and the photograph or the videography taken under sub-section (3) shall be used as

¶39

4/10

¶40

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

¶41

Crl.R.C.(MD).No.1470 of 2025

¶42

evidence in any inquiry, trial or other proceeding under the Sanhita.

¶43

(5)The Court or the Magistrate shall, within a period of thirty days after the statement has been prepared under sub-section (2) and the photograph or the videography has been taken under sub-section (3), order the disposal, destruction, confiscation or delivery of the property in the manner specified hereinafter.

¶44

503. Procedure by police upon seizure of property.- (1) Whenever the seizure of property by any police officer is reported to a Magistrate under the provisions of this Code, and such property is not produced before a Criminal Court during an inquiry or trial, the Magistrate may make such order as he thinks fit respecting the disposal of such property or the delivery of such property to the person entitled to the possession thereof, or if such person cannot be ascertained, respecting the custody and production of such property. (2) If the person so entitled is known, the Magistrate may order the property to be delivered to him on such conditions (if any) as the Magistrate thinks fit and if such person is unknown, the Magistrate may detain it and shall, in such case, issue a proclamation specifying the articles of which such property consists, and requiring any person who may have a claim thereto, to appear before him and establish his claim within six months from the date of such proclamation."

¶45

The Hon'ble Supreme Court in the case of Sunderbhai Ambalal Desai

¶46

vs State of Gujarat , reported in AIR 2003 SC 638 , held as under:-

¶47

" 17. In our view, whatever be the situation, it is of no use to keep such seized vehicles at the police stations for a long period. It is for the Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. This can be done pending hearing of application for return of such vehicles.

¶48

21. However these powers are to be exercised by the concerned Magistrate. We hope and trust that the concerned Magistrate would

¶49

5/10

¶50

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

¶51

Crl.R.C.(MD).No.1470 of 2025

¶52

take immediate action for seeing that powers under Section 451 Cr.P.C. Are properly and promptly exercised and articles are not kept for a long time at the police station, in any case, for not more than fifteen days to one month. This Object can also be achieved if there is proper supervision by the Registry of the concerned High Court in seeing that the rules framed by the High Court with regard to such articles are implemented properly ."

¶53

It may also be relevant to note that mere pendency of confiscation

¶54

proceedings before the Collector is no bar to release the vehicle¹ . The same view was taken by the Allahabad High Court that pendency of confiscation proceedings shall not operate as bar against the release of vehicle seized under Section 60 of Excise Act² .

¶55

9. Keeping in view the law laid down by the Supreme Court and the documents/facts, which would prima facie show that revision petitioner is the owner of seized vehicle, this Court takes judicial notice that if vehicle in the present case is allowed to be kept in custody and in open yard, it will be exposed to vagaries of weather, resulting in diminishing its value and may in course of time be reduced to scrap.

¶56

1 . Jai Prakash Vs. State of U.P., 1992 AWC 1744

¶57

2 . Kamaljeet Singh Vs. State of U.P., 1986 U.P. Cri. Ruling 50 (Alld)

¶58

6/10

¶59

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

¶60

Crl.R.C.(MD).No.1470 of 2025

¶61

In view thereof, impugned order dated 27.02.2024 passed by Learned Judicial Magistrate Court No.I, Kulithalai in Cr.M.P.No.167 of 2024, is set aside and the seized vehicle viz., Swaraj Tractor bearing Registration No.TN 63 R 6338, is directed to be released to petitioner subject to the following conditions:

¶62

(i) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/(Rupees One Lakh only) with two sureties each for a like sum to the satisfaction of Judicial Magistrate Court No.I, Kulithalai.

¶63

(ii) Vehicle shall be released after preparing a video and still photographs of the vehicle and after obtaining all information/documents necessary for identification of the vehicle.

¶64

(iii) Petitioner shall not sell or part with the ownership of the vehicle till conclusion of the trial and shall furnish an undertaking to the trial court that he shall surrender the vehicle within one week of being so directed.

¶65

(iv) Petitioner shall give an undertaking before respondent/authority concerned stating that he will not use the vehicle in question for any illegal activities in future and shall produce the same as and when required by respondent Police and also the trial Court, failing which the respondent/trial Court is/are at liberty to confiscate the vehicle.

¶66

7/10

¶67

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

¶68

Crl.R.C.(MD).No.1470 of 2025

¶69

(v) Petitioner undertakes to co-operate in confiscation proceedings, if any, initiated/to be initiated.

¶70

(vi) Petitioner is also directed to participate in the enquiry to be conducted by the respondent Police.

¶71

(vii) Petitioner is directed to effect the name transfer of vehicle within one month from the date of receipt of copy of this order. Petitioner shall be granted interim custody of R.C. Book for a period of four weeks for the purpose of effecting name transfer. On such transfer, petitioner shall surrender the original R.C. Book before Judicial Magistrate Court No.I, Kulithalai (or) on expiry of one month from the date of receipt of a copy of this order, whichever is earlier, failing which the order passed by this Court stands vacated.

¶72

(viii) Petition relating to return of R.C. Book for any purpose in the future may be filed before Judicial Magistrate Court No.I, Kulithalai , who may consider the same on merits, though this order has been passed by the High Court.

¶73

11. This Criminal Revision case is disposed of on the above terms.

¶74

20.02.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No rgm

¶75

8/10

¶76

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

¶77

Crl.R.C.(MD).No.1470 of 2025

¶78

To