Madras High Court
Mohandoss vs State Represented By on 3 August, 2020
Author: P.N.Prakash
Bench: P.N. Prakash
Crl.R.C.No.586 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.08.2020
CORAM
THE HON'BLE Mr. JUSTICE P.N. PRAKASH
Crl.R.C.No.586 of 2020
Mohandoss ... Petitioner
Vs.
State represented by
The Inspector of Police,
Vellippalayam Police Station,
Nagapattinam District.
(Crime No.398 of 2019) ... Respondent
Criminal Revision filed under Section 397 r/w 401 Cr.P.C. seeking to set
aside the order dated 21.02.2020 passed in Crl.M.P.No.584 of 2020 on the file
of the District and Sessions Court, Nagapattinam and to return the vehicle
bearing Registration No.TN-50-Q-0955.
For Petitioner : Mr.Thirumalaivasan
for Mr.M.Selvam
For Respondent : Mrs.P.Kritika Kamal
Government Advocate
(Crl. Side)
http://www.judis.nic.in
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Crl.R.C.No.586 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 21.02.2020 passed in Crl.M.P.No.584 of 2020 on the file of the District and Sessions Court, Nagapattinam and to return the vehicle bearing Registration No.TN-50-Q-0955.
3. The petitioner is the owner of the vehicle (Eicher Tractor) bearing Registration No.TN-50-Q-0955 and let the same on hire for transporting compost to the accused. The accused were arrested on 13.12.2019, while transporting one unit of savudu sand in the vehicle (Eicher Tractor) bearing Registration No.TN-50-Q-0955 and a case was registered in Crime No. 398 of 2019 for the offences under Sections 379 and 430 IPC and Section 21(1) of the Mines and Minerals (Development & Regulation) Act, 1957 and the petitioner's vehicle was seized. The petitioner filed Crl.M.P.No.584 of 2020 before the District and Sessions Court, Nagapattinam, under Section 451 Cr.P.C. for interim custody of the vehicle, which was dismissed on 21.02.2020, challenging which, the petitioner filed the present revision petition. http://www.judis.nic.in 2/7 Crl.R.C.No.586 of 2020
4. Heard Mr.Thirumalaivasan, learned representing counsel for Mr.M.Selvam, learned counsel on record for the petitioner and Mrs.P.Kritika Kamal, learned Government Advocate (Crl. Side) for the respondent/State.
5. It is seen that the seizure was effected on 13.12.2019 and the vehicle is in the police station open to sun and rain. Admittedly, there is no previous case pending against the petitioner.
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 Gujarat1, 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 bearing registration No.TN-50-Q-0955 to the petitioner within a period of 7 days from the date of compliance of the below mentioned condition Nos.(i) to (iii) :
1(2002) 10 SCC 290 http://www.judis.nic.in 3/7 Crl.R.C.No.586 of 2020
(i) The petitioner shall deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) 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 and Minerals Foundation Trust, Nagapattinam as non-refundable deposit;
(ii) The petitioner shall execute a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) 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 http://www.judis.nic.in 4/7 Crl.R.C.No.586 of 2020
(vii) The petitioner is also directed to participate in the enquiry to be conducted by the respondent.
Petition relating to return of R.C. Book for any purpose in the future, may be filed before the District and Sessions Judge, Nagapattinam, who may consider the same on merits, though this order has been passed by the High Court.
This petition is allowed in the above terms and the order dated 21.02.2020 passed in Crl.M.P.No.584 of 2020 on the file of the District and Sessions Court, Nagapattinam, is set aside.
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1.The District and Sessions Judge, Nagapattinam
2.The Tahsildar, Nagapattinam.
3.The Inspector of Police, Vellippalayam Police Station, Nagapattinam District.
4.The Public Prosecutor, Madras High Court, Chennai – 600 104.
http://www.judis.nic.in 6/7 Crl.R.C.No.586 of 2020 P.N.PRAKASH, J.
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