Madras High Court
Pandiyan vs The State Of Tamil Nadu on 17 September, 2020
Author: P.N.Prakash
Bench: P.N. Prakash
Crl.R.C.No.737 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.09.2020
CORAM
THE HON'BLE Mr. JUSTICE P.N. PRAKASH
Crl.R.C.No.737 of 2020
Pandiyan ... Petitioner
Vs.
The State of Tamil Nadu,
Rep. by the Inspector of Police,
Kuttalam Police Station,
Nagapattinam District.
Crime No.398 of 2019 ... Respondent
Criminal Revision filed under Section 397 r/w 401 of Cr.P.C. seeking to
allow this criminal revision petition and set aside the order passed in
Crl.M.P.No.2060 of 2020 on the file of the District and Sessions Judge,
Nagapattinam dated 13.08.2020 and grant interim custody of the tractor with
tipper bearing Registration No.TN-82-0221 the vehicle in favour of the
petitioner.
For Petitioner : Mr.U.Kathiravan
For Respondent : Mrs.P.Kritika Kamal
Government Advocate
(Crl. Side)
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Crl.R.C.No.737 of 2020
ORDER
This case is taken up through video conferencing.
2. This criminal revision has been filed seeking to set aside the order dated 13.08.2020 passed in Crl.M.P.No.2060 of 2020 on the file of the District and Sessions Court, Nagapattinam District.
3. The petitioner is the owner of the vehicle (Tractor with tipper) bearing Registration No.TN-82-0221, which was seized on 18.12.2019, while transporting sand and a case was registered in Crime No.398 of 2019 for the offence under Section 379, 430, 294(b), 353 & 506(2) IPC and 21(1) of the Mines & Minerals (Development & Regulation) Act, 1957. The petitioner filed Crl.M.P.No.2060 of 2020 before the District and Sessions Judge, Nagapattinam District, under Section 451 Cr.P.C. for interim custody of the vehicle, which was dismissed on 13.08.2020, challenging which, the petitioner has preferred the present revision petition.
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4. Heard Mr.U.Kathiravan, learned counsel for the petitioner and Mrs.P.Kritika Kamal, learned Government Advocate (Crl. Side) appearing for the respondent/State.
5. It is seen that the seizure was effected on 18.12.2019 and the vehicle is in the police station open to sun and rain.
6. Taking into consideration the aforesaid facts and in view of the guidelines given by the Supreme Court in Sunderbhai Ambalal Desai Vs. State of Gujarat reported in (2002) 10 SCC 290, this Court is of the view that interests of justice will be served, if the vehicle is ordered to be released to the petitioner on certain stringent conditions. The respondent police is directed to grant interim custody of the said vehicle (Tractor with tipper) bearing Registration No. TN-82-0221 to the petitioner within a period of 7 days from the date of compliance of the below mentioned condition Nos.(i) to (iii) :
(i) The petitioner shall deposit a sum of Rs.50,000/- before the jurisdictional Tahsildar as non-refundable deposit. After receipt of the above said amount, the same will have to be deposited by the Tahsildar, to the credit of the District Mines http://www.judis.nic.in 3/6 Crl.R.C.No.737 of 2020 and Minerals Foundation Trust, Nagapattinam, as non-
refundable deposit;
(ii) The petitioner shall execute a personal bond for a sum of Rs.50,000/- with two sureties each, for a like sum to the satisfaction of the District and Sessions Court, Nagapattinam. The petitioner and the sureties shall affix their photographs and give the copies of their Aadhaar Card;
(iii) 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 and shall produce the same as and when required by the respondent and also the trial Court, failing which the respondent/trial Court is at liberty to confiscate the vehicle;
(iv) The petitioner shall not alienate the vehicle in question till the disposal of the proceedings before the authority concerned;
(v) The petitioner shall take photograph of the vehicle and submit the same along with Compact Disc duly certified under Section 65-B of the Indian Evidence Act, 1872;
(vi) The petitioner shall surrender the original R.C. book before the District and Sessions Court, Nagapattinam; and
(vii) The petitioner is also directed to participate in the enquiry to be conducted by the respondent.
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7. This petition is allowed in the above terms and the order dated 13.08.2020 passed in Crl.M.P.No.2060 of 2020 on the file of the District and Sessions Court, Nagapattinam, is set aside.
17.09.2020 sni To
1.The District and Sessions Judge, Nagapattinam District.
2.The Tahsildar, Nagapattinam.
3.The Inspector of Police, Kuttalam Police Station, Nagapattinam District.
4.The Public Prosecutor, Madras High Court, Chennai – 600 104.
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