Packialakashmi Vs The State Of Tamilnadu Rep By The Sub Inspector Of Police, Ponnamaravathi

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Crl.R.C.(MD)No.888 of 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.06.2026

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CORAM

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THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

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Crl.R.C.(MD)No.888 of 2026

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Packialakshmi ... Petitioner Vs.

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State of Tamil Nadu rep. by The Sub Inspector of Police, Ponnamaravathy Police Station, Pudukkottai District. (Crime No.196 of 2025) ... Respondent

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PRAYER : Criminal Revision Case filed under Section 438 r/w 442 B.N.S.S., to admit this Revision and call for the records and to set aside the order in Cr.M.P.No.73 of 2026 dated 30.03.2026 made by the Learned District Munsif cum Judicial Magistrate, Ponnamaravathy, Pudukkottai District and consequently direct the respondent to return the vehicle to the petitioner bearing Registration No.TN-65-AJ-3207.

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For Petitioner : Mr.N.Palaniyandi

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For Respondent : Mr.S.Arun Arockiasamy Counsel for State of TN(Crl.side)

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

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Crl.R.C.(MD)No.888 of 2026

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ORDER

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The Criminal Revision is directed against the order passed in Cr.M.P.No.73 of 2026 in Crime No.196 of 2025 dated 30.03.2026 on the file of the District Munsif cum Judicial Magistrate, Ponnamaravathy, Pudukkottai District , dismissing the petition filed under Section 497 of B.N.S.S.

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The petitioner claims to be the owner of the Mahindra Bolero Maxi Truck bearing Registration No.TN-65-AJ-3207. The respondent police has registered a case in Crime No.196 of 2025 for the offences under Sections 303(2) of BNS r/w 21(1) of MMDR Act and seized the above said vehicle for the illegal transportation of river sand. Thereafter, the petitioner filed Cr.M.P.No.73 of 2026 for return of vehicle before the learned District Munsif cum Judicial Magistrate, Ponnamaravathy, Pudukkottai District , and the same was dismissed on 30.03.2026.

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The petitioner preferred this Criminal Revision Petition as against the order dated 30.03.2026 made in Cr.M.P.No.73 of 2026 on the file of the learned District Munsif cum Judicial Magistrate,

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

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Crl.R.C.(MD)No.888 of 2026

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Ponnamaravathy, Pudukkottai District, and to set aside the same.

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Heard the learned counsel appearing for the petitioner and the learned counsel for State of Tamil Nadu (Crl. Side) appearing for the respondent.

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The learned counsel for State of Tamil Nadu (Criminal side) appearing for the respondent submitted that if the vehicle is returned to the petitioner, there is possibility for the vehicle being used for the commission 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-65-AJ-3207 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 that therefore interim custody may be granted to the petitioner.

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

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Crl.R.C.(MD)No.888 of 2026

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Considering the fact that if the vehicle is kept in open place

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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 30.03.2026 passed in Crl.M.P.No.73 of 2026 by the learned District Munsif cum Judicial Magistrate, Ponnamaravathy, Pudukkottai District .

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Accordingly, this Criminal Revision Case is allowed and the order dated 30.03.2026, passed in Crl.M.P.No.73 of 2026 by the learned District Munsif cum Judicial Magistrate, Ponnamaravathy, Pudukkottai District, is hereby set aside and the vehicle viz., Mahindra Bolero Maxi Truck Plus bearing Registration No.TN-65-AJ-3207, 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.

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1,00,000/- (Rupees One Lakh only) as non-refundable to

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the credit of MANGAYAR MANGALAM, A/c No:

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

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Crl.R.C.(MD)No.888 of 2026

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12730100005505, Egmore Branch, Chennai, IFSC code: BARB0EGMORE, an organisation contributing towards underprivileged women and children;

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(b)the petitioner shall execute a bond for a sum of Rs.

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2,50,000/- (Rupees Two Lakh and Fifty Thousand

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only), with two sureties for a likesum to the satisfaction of the learned District Munsif cum Judicial Magistrate, Ponnamaravathy, Pudukkottai District ;

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(c) The petitioner shall produce the copy of RC Book of the vehicle before the learned District Munsif cum Judicial Magistrate, Ponnamaravathy, Pudukkottai District . If the original RC Book is in the custody of the finance company, the petitioner shall produce a photocopy of the RC Book, along with an affidavit stating that the original is with the finance company and a letter from the finance company acknowledging such custody.

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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

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Crl.R.C.(MD)No.888 of 2026

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future, failing which the respondent/trial Court is at

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liberty to confiscate the vehicle;

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