Madras High Court
Gajendran vs The Inspector Of Police (Law And Order) on 18 September, 2020
Author: P.N.Prakash
Bench: P.N. Prakash
Crl.R.C.No.767 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.09.2020
CORAM
THE HON'BLE Mr. JUSTICE P.N. PRAKASH
Crl.R.C.No.767 of 2020
Gajendran ... Petitioner
Vs.
The Inspector of Police (Law and Order),
Eravanchery Police Station,
Tiruvarur District.
(Crime No.119 of 2019) ... Respondent
Criminal Revision filed under Section 397 r/w 401 of Cr.P.C. seeking to
set aside the order passed in Crl.M.P.No.317 of 2020 on the file of the Principal
Sessions Court, Tiruvarur and direct the respondent to release the vehicle,
TATA Ace vehicle bearing Registration No.TN 46 M 4109 which was seized in
connection with the Crime No.119 of 2020 on the file of the respondent to the
petitioner.
For Petitioner : Mr.B.Muneeswaran
For Respondent : Mrs.P.Kritika Kamal
Government Advocate
(Crl. Side)
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Crl.R.C.No.767 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 18.03.2020 passed in Crl.M.P.No.317 of 2020 on the file of the Principal Sessions Court, Tiruvarur District and to release the vehicle.
3. The petitioner is the owner of the vehicle (TATA Ace Lorry) bearing Registration No.TN-46-M-4109, which was seized on 22.10.2019, while transporting half (½) unit of sand and a case was registered in Crime No.119 of 2019 for the offence under Section 379 IPC and 21(4) of the Mines & Minerals (Development & Regulation) Act, 1957. The petitioner filed Crl.M.P.No.317 of 2020 before the Principal Sessions Court, Tiruvarur, under Section 451 Cr.P.C. for interim custody of the vehicle, which was dismissed on 18.03.2020, challenging which, the petitioner has preferred the present revision petition.
4. Heard Mr.B.Muneeswaran, learned counsel for the petitioner and Mrs.P.Kritika Kamal, learned Government Advocate (Crl. Side) appearing for the respondent/State.
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5. It is seen that the seizure was effected on 22.10.2019 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 (TATA Ace Lorry) bearing Registration No. TN-46-M-4109 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.1,00,000/- 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 and Minerals Foundation Trust, Tiruvarur, 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 Principal Sessions Court, Tiruvarur. The petitioner and the sureties shall affix their photographs and http://www.judis.nic.in 3/6 Crl.R.C.No.767 of 2020 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 Principal Sessions Court, Tiruvarur; and
(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 Principal Sessions Court, Tiruvarur, who may consider the same on merits, though this order has been passed by the High Court. http://www.judis.nic.in 4/6 Crl.R.C.No.767 of 2020
7. This petition is allowed in the above terms and the order dated 18.03.2020 passed in Crl.M.P.No.317 of 2020 on the file of the Principal Sessions Court, Tiruvarur, is set aside.
18.09.2020 sni To
1.The Principal Sessions Judge, Tiruvarur District.
2.The Tahsildar, Tiruvarur.
3.The Inspector of Police (Law and Order), Eravanchery Police Station, Tiruvarur District.
4.The Public Prosecutor, Madras High Court, Chennai – 600 104.
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