Madras High Court
V.Raja vs The State on 15 March, 2023
Author: V.Sivagnanam
Bench: V.Sivagnanam
Crl.R.C.No.1559 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.03.2023
CORAM
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM
Crl.Rc.No.1559 of 2022
V.Raja ... Petitioner
Vs.
The State,
rep by the Inspector of Police,
Valangaiman Police Station,
Tiruvarur District.
Crime no.531 of 2022 ... Respondent
PRAYER: Criminal Revision Case filed under Section 397 r/w 401 of
Criminal Procedure Code, 1973 to call for the entire records connected with
the order made in CMP No.677 of 2022 (in crime no.531 of 2022) on the
file of the Valangaiman Police Station, Tiruvarur District) dated 09.11.2022
on the file of the learned District Munsif-cum-Judicial Magistrate,
Valangaiman and to set aside the same.
For Petitioner : Mr.R.Subramanian
For Respondent : Mr.R.Vinothraja
Government Advocate (Crl.Side)
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Crl.R.C.No.1559 of 2022
ORDER
This Criminal Revision Petition has been filed to call for the entire records in connection with the order made in CMP No.677 of 2022 (in crime no.531 of 2022 on the file of the Valangaiman Police Station, Tiruvarur District) dated 09.11.2022 on the file of the learned District Munsif-cum- Judicial Magistrate, Valangaiman and to set aside the same.
2.The learned counsel for the petitioner has submitted that the petitioner is a licence holder to sell firecrackers and sparklers in retail and running a shop in the name and style of VBR Explosive shop. On 30.09.2022, on receiving a complaint from the Village Administrative Officer, the respondent police inspected the shop and arrested the petitioner alleging that there were firecrackers and sparklers in excess of the permissible quantity as per the licence, and registered a case in crime no.531 of 2022 under Section 286 of IPC and Section 5 of the Explosive Substances Act. Since, the petitioner being a license holder, he is ready to 2 of 6 https://www.mhc.tn.gov.in/judis Crl.R.C.No.1559 of 2022 deposit the amount. Hence, the petitioner filed a petition in Cr.MP.No.677 of 2022 before the learned District Munsif-cum-Judicial Magistrate, Valangaiman seeking to return the seized articles but the trial Court, vide order dated 9.11.2022 dismissed the petition on the ground that the issue whether the seized items are ordinary firecrackers or explosive substances has to be determined only on the conclusion of the trial. Therefore, aggrieved by the said order, the petitioner filed the present revision petition before this Court.
3. The learned Government Advocate (crl.side) for the respondent submitted that the respondent police has registered a case against the petitioner since he was found in illegal possession of excessive quantity of explosives more than the limited permission of license given to him therefore, the excessive quantity of explosives have been seized by the respondent police. Hence, the petitioner is not entitled to return the excessive quantity of explosives seized by the respondent. 3 of 6 https://www.mhc.tn.gov.in/judis Crl.R.C.No.1559 of 2022
4. Heard the learned counsel for the petitioner and the learned Government Advocate (crl.side) for the respondent and perused the entire materials available on record.
5. It is not in dispute that the respondent police, at the time of inspection, found the petitioner was in possession of illegal excessive quantity of explosive articles more than the limited permission of license given to him and and accordingly, they seized 10,400 kgs of explosives under the Mahazer and the investigation is still pending. Under these circumstances, the petitioner is not entitled to get the custody of the excessive quantity of explosives of 10,000 kgs seized by the respondent police. The trial Court has rightly dismissed the claim of the petitioner. Hence, I do not find any infirmity in the impugned order dated 09.11.2022 passed by the learned District Munsif-cum-Judicial Magistrate, Valangaiman.
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6. Accordingly, this Criminal Revision Case is dismissed.
15.03.2023 Index: Yes/No Internet: Yes/No dn To
1. The Inspector of Police, Valangaiman Police Station, Tiruvarur District.
Crime no.531 of 2022
2.The Public Prosecutor, Madras High Court. 5 of 6 https://www.mhc.tn.gov.in/judis Crl.R.C.No.1559 of 2022 V.SIVAGNANAM, J., dn Crl.R.C.No.1559 of 2022 15.03.2023 6 of 6 https://www.mhc.tn.gov.in/judis