Madras High Court
Prasanth vs State Rep.By on 16 March, 2020
Author: T.Krishnavalli
Bench: T.Krishnavalli
Crl.R.C(MD)No.273 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 16.03.2020
CORAM
THE HONOURABLE MRS. JUSTICE T.KRISHNAVALLI
Crl.R.C(MD)No.273 of 2020
Prasanth ...Petitioner
Vs.
State Rep.by
The Sub Inspector of Police,
Rameswaram Town Police Station,
Ramanathapuram District.
(Crime No.6 of 2020) ...Respondent
Prayer : This Criminal Revision has been filed under Section 397 r/w 401 of
Criminal Procedure Code, to call for records pertaining to the order passed in
Cr.M.P.No.214 of 2020 in Crime No.6 of 2020, dated 21.02.2020 on the file of
the Sessions Judge, Special Court for Trial of Cases registered under SC/ST
(POA) Act, 1989, Ramanathapuram and set-aside the same.
For Petitioner : Mr.T.Veerakumar
For Respondent : Mr.A.P.G.Ohm Chairma Prabhu
Government Advocate (Crl.side)
ORDER
The petitioner claims to be the owner of the Auto, bearing Registration No.TN-65-AB-6378. According to the petitioner, the alleged vehicle was seized by the respondent police on 09.01.2020 in connection with a http://www.judis.nic.in 1/4 Crl.R.C(MD)No.273 of 2020 case in Crime No.6 of 2020 for the offence under Sections 294(b), 324, 506(ii) of IPC and Sections 3(1)(r), 3(1)(s) of SC/ST (Prevention of Atrocities) Act, 1989. Seeking return of the said vehicle, the petitioner has filed a petition before the learned Sessions Judge, Special Court for Trial of Cases registered under SC/ST (POA) Act, 1989, Ramanathapuram, for interim custody. The learned judge, by order dated 21.02.2020 has dismissed the same. Challenging the said order, the petitioner is before this Court with this petition.
2.Heard the learned counsel appearing on either side and perused the materials available on record.
3.On consideration of the documentary evidence, the Trial Court has dismissed the petition seeking to release the vehicle filed by the petitioner. It is well settled that during the pendency of confiscation proceedings, the vehicle needs to be returned to the person, who is entitled to have. This return will have no impact on the confiscation proceeding, as the confiscation proceeding is an independent proceeding.
4.In view of the above, this Criminal Revision is allowed and the order of the learned the Sessions Judge, Special Court for Trial of Cases registered under SC/ST (POA) Act, 1989, Ramanathapuram, in Cr.M.P.No.214 of 2020, dated 21.02.2020, is set aside and the learned Sessions Judge, Special http://www.judis.nic.in 2/4 Crl.R.C(MD)No.273 of 2020 Court for Trial of Cases registered under SC/ST (POA) Act, 1989, Ramanathapuram, is directed to return the vehicle to the petitioner subject to the confiscation proceedings on the following conditions:-
(a)The petitioner shall produce the Original Registration Certificate of the vehicle;
(b)The petitioner shall deposit a sum of Rs.25,000/-
(Rupees Twenty five thousand only) to the credit of Crime No.6 of 2020 on the file of the learned Sessions Judge, Special Court for Trial of Cases registered under SC/ST (POA) Act, 1989, Ramanathapuram, within a period of one week from the date of receipt of a copy of this order;
(c)The petitioner shall not make any alteration of the vehicle;
(d)The petitioner shall produce the same before the Court on the first working day of every month until final order is passed in the confiscation proceedings.
5.The Authority under the Tamil Nadu Prohibition Act may proceed with the confiscation proceedings and the petitioner shall obey any order that may be passed in the said proceeding by the authority. Consequently, connected miscellaneous petition is closed.
16.03.2020
Index : Yes/No
Internet : Yes/No
vsd
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Crl.R.C(MD)No.273 of 2020
T.KRISHNAVALLI,J.
vsd
To
1.The Sessions Judge, Special Court for Trial of Cases registered under SC/ST (POA) Act, 1989, Ramanathapuram District.
Inspector of Police,
2.The Sub Inspector of Police, Rameswaram Town Police Station, Ramanathapuram District..To
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Crl.R.C(MD)No.273 of 2020
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