Madras High Court
Rajendran vs State Rep. By on 20 October, 2021
Author: P.Velmurugan
Bench: P.Velmurugan
Crl.R.C.No.631 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.10.2021
CORAM:
THE HON'BLE Mr. JUSTICE P.VELMURUGAN
Criminal Revision Case No.631 of 2021
Rajendran ... Petitioner
Versus
State Rep. by
The Inspector of Police,
PEW Dharapuram Police Station,
Tiruppur District,
Crime No.938 of 2021. ... Respondent
Criminal Revision Case filed under Section 397 read with 401
Criminal Procedure Code, to call for the records and to set aside the order
passed in Crl.M.P.No.1826 of 2021 on the file of the learned Judicial
Magistrate, Dharampuram in Crime No.938 of 2021 on the file of the
respondent and direct the respondent to release TOYOTA ETIOS car bearing
registration No.TN 40L8375 and allow this Criminal Revision Case.
For Petitioner : Mr.Swami Subramanian
For Respondent : Mr.S.Sugendran
Government Advocate (Crl.Side)
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Crl.R.C.No.631 of 2021
ORDER
This Criminal Revision Case has been filed against the order dated 24.09.2021 passed in Crl.M.P.No.1826 of 2021 by the learned Judicial Magistrate, Dharampuram.
2.It is the case of the petitioner that the respondent police registered a case in Crime No.938 of 2021 against the petitioner for the offence under Section 4(1) (a) of Tamil Nadu Prohibition Act and seized the vehicle viz., TOYOTA ETIOS car bearing registration No.TN 40L8375. The petitioner filed a petition under Section 451 r/w 457 Cr.P.C in Crl.M.P.No.1826 of 2021 seeking interim custody of the vehicle. The learned Judicial Magistrate, Dharapuram by an order, dated 24.09.2021 dismissed the petition, against which, the present Criminal Revision Case is filed before this Court.
3.The case of the prosecution is that on 14.06.2021 when the respondent/police checking the vehicles at Dhasanaickenpatty Check Post, they intercepted the TOYOTA ETIOS car bearing registration No.TN 40L8375 and interrogated the accused. On suspicion, they searched the vehicle and found 28 bottles of Napoleon liquor each containing 180 ml and hence, the respondent police arrested the accused and seized the above said Page 2 of 7 https://www.mhc.tn.gov.in/judis/ Crl.R.C.No.631 of 2021 vehicle.
4.The learned counsel for the petitioner would submit that the petitioner is the owner of the vehicle and he is in no way connected with the alleged offence. Therefore, he seeks interim custody of the said vehicle and that the petitioner would abide by stringent conditions, if any, to be imposed on him.
5.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that since the petitioner was alleged to have used the said vehicle for illegal transportation of liquor bottles. He would further submit that show cause notice was issued to the petitioner and confiscation proceedings is going to be initiated and hence, the vehicle in question cannot be released at this stage.
6.This Court considered the rival submissions and perused the materials available on record.
7.On a perusal of records, it is seen that the respondent police registered the case in Crime No. 938 of 2021 against the petitioner for the Page 3 of 7 https://www.mhc.tn.gov.in/judis/ Crl.R.C.No.631 of 2021 offence under Section 4(1) (a) of Tamil Nadu Prohibition, Act, 1937 and also seized the vehicle. Pending investigation, the petitioner filed a petition for interim custody of the vehicle, however, the same was dismissed by the Court below.
8.Considering the facts and circumstances of the case and that the vehicle is kept in the open space and exposed to heat, rain and dust and also considering the fact that the Government itself is doing business of selling alcohol through TASMAC Shops, it is very easy for the public to access the subject matter liquor, this Court directs the learned Judicial Magistrate, Dharapuram, to return the vehicle TOYOTA ETIOS car bearing registration No.TN 40L8375, to the petitioner, on the following conditions:-
(i)The petitioner shall produce the original RC Book of the vehicle and other relevant records to prove his ownership and the learned Magistrate, on perusal of the RC book and other records, retaining the Xerox copy of the same, shall return the original documents to the petitioner with a view to use the vehicle;
(ii)The petitioner shall not alter or alienate the vehicle in any manner till confiscation proceedings is over;
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(iii)The petitioner is directed to deposit a sum of Rs.1,00,000/- (Rupees One Lakh only), as non-refundable deposit through RTGS/NEFT in favour of the Joint Secretary & Treasurer, Chief Minister's Public Relief Fund, Finance (CMPRF) Department, Government of Tamil Nadu, Secretariat, Chennai 600 009, Tamil Nadu, India, e-mail:
[email protected] or by Electronic Clearing System (ECS) to Indian Overseas Bank, Secretariat Branch, Chennai 600 009, S.B.Account No.11720 10000 00070, IFS Code IOBA0001172, CMPRF PAN:
AAAGC0038F and on such payment and production of proof, the vehicle shall be returned;
(iv)The petitioner shall also give an undertaking that he will not use the vehicle for any illegal activities in future and also to produce the vehicle as and when required by the respondent or the Court below as well as by the District Collector of the District or authorized officer in that behalf by the Government;
(v)The petitioner shall participate in the confiscation proceedings, if any initiated, and shall produce the vehicle, before the confiscation authority.
This order is subjected to the confiscation proceedings. Page 5 of 7 https://www.mhc.tn.gov.in/judis/ Crl.R.C.No.631 of 2021
9.With the above directions, the Criminal Revision Case is allowed by setting aside the order passed in Crl.M.P.No.1826 of 2021, dated 24.09.2021 by the learned Judicial Magistrate, Dharapuram.
20.10.2021 Index : Yes/No Speaking Order/Non Speaking Order ms To
1.The Judicial Magistrate, Dharapuram.
2.The The Inspector of Police, PEW Dharapuram Police Station, Tiruppur District.
3.The Public Prosecutor, High Court, Madras.
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ms Crl.R.C.No.631 of 2021 20.10.2021 Page 7 of 7 https://www.mhc.tn.gov.in/judis/