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2006 DIGILAW 2173 (MAD)

K. Velu v. State, rep. by The Inspector of Police

2006-08-25

S.ASHOK KUMAR

body2006
Judgment :- This Criminal Revision Case has been filed by the revision petitioner-owner of the seized vehicle, against the order passed in Crl.M.P.No. 3425 of 2004 in Cr.No.562 of 2004, dated 10.9.2004 by the learned Judicial Magistrate, Pennagaram, dismissing the petition filed for return of the vehicle. 2. The brief facts of the case are as follows: - The petitioner is the owner of SWARAJ MAZDA four wheel vehicle bearing Registration No:TN-28-W-5895. The respondent -police seized the said vehicle in connection with an offence under Section 4(1)(aaa) and 4(1-A) of the Tamil Nadu Prohibition Act in Crime No:562 of 2004 of Perumbalai O.P.Police Station. The vehicle was seized on 28.2.2004. The petitioner is one of the accused. The petitioner filed a petition impugned in this Revision for return of the said vehicle pending disposal of the case. But the same was rejected by the Judicial Magistrate on the ground that action is being taken by the Government to confiscate the vehicle. Aggrieved over the dismissal of the Criminal Miscellaneous Petition, this Revision has been filed. 3. Mr.R.Rajan, learned counsel appearing for the revision petitioner would contend that no action has been taken by the Government for confiscation of the vehicle. Learned Government Advocate also admits that so far no action has been taken in that regard. 4. In the circumstances, I am of the opinion that if the vehicle is kept idle and exposed to sun and rain, the vehicle will become useless. 5. In Surenderbhai Ambalal Desai Vs. State of Gujarat, reported in 2003 (1) CTC 175, the Apex Court held as follows:- 16. However, the learned counsel appearing for the petitioners submitted that this question of handing over vehicles to the person from whom it is seized or to its true owner is always a matter of litigation and a lot of arguments are advanced by the concerned persons. 17. In our view, whatever be the situation, it is of no use to keep such seized vehicles at the Police stations for a long period. It is for the Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. This can be done pending hearing of applications for return of such vehicles. 18. It is for the Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. This can be done pending hearing of applications for return of such vehicles. 18. In case where the vehicle is not claimed by the accused, owner, or the insurance company or by third person, hen such vehicle may be ordered to be auctioned by the Court. If the said vehicle is insured with the insurance company, then insurance company be informed by the Court to take possession of the vehicle which is not claimed by the owner or a third person. If Insurance company fails to take possession, the vehicles may be sold as per he direction of the Court. The Court would pass such order within a period of six months from the date of production of the said vehicle before the Court. In any case, before handing over possession of such vehicles, appropriate photographs of the said vehicle should be taken and detailed panchanama should be prepared." 6. In the above circumstances, the vehicle is ordered to be returned to the revision petitioner on his executing a bond for a sum of Rs.1,00,000/= (Rupees One Lakh) with one surety for a like sum to the satisfaction of the Judicial Magistrate, Pennagaram subject to the following conditions:- (i) No alteration should be made in the vehicle; (ii) The Original R.C.Book shall be surrendered to the Judicial Magistrate, Pennagaram. (iii)The Vehicle should be produced before the court whenever it is necessary for the purpose of trial. 7. In the result, the Criminal Revision Case is ordered accordingly setting aside the order of the Judicial Magistrate, Pennagaram and directing him to return the vehicle subject to the conditions as mentioned above.