JUDGMENT : (Prayer: Criminal Revision filed under Sections 397 and 401 Cr.P.C. seeking to call for the records in connection with the order dated 12.08.2020 passed by the Judicial Magistrate No.V, Coimbatore in C.M.P. No.2330 of 2020 and set aside the same and consequently, direct the respondent police to return the properties, viz., (1) Gold Flake Lights cigarettes - 68 bundles; (2) Gold Flake Kings cigarettes - 146 bundles, (3) Gold Flake Filter cigarettes - 47 bundles, (4) Mini Gold cigarettes - 12 bundles and (5) Beedi bundles - 20 packets, to the petitioner’s custody.) 1. This case was taken up through video conferencing. 2. This criminal revision has been preferred seeking to set aside the order dated 12.08.2020 passed by the Judicial Magistrate No.V, Coimbatore in C.M.P. No.2330 of 2020, in and by which, the petition filed by the petitioner under Section 451 Cr.P.C. seeking return of the seized cigarette bundles, has been dismissed and to consequently, direct the respondent police to return the cigarette bundles to the petitioner. 3. It is the case of the prosecution that on 23.04.2020, when the respondent police were on duty at Veerapandi Check Post, enforcing the lock down due to the COVID-19 pandemic, they stopped a Bolero Pick Up van bearing Regn. No.TN 19 K 3109 plying in violation of the prohibitory orders and found one Ranjith (A.1) and Jagadeesh (A.2) in the said van; on further checking, the police found that the said two persons were transporting cartons of cigarette packets of various brands; since they had not taken the required permission from the authorities concerned for movement of goods during the lock down period, they were arrested and a case in Cr. No.619 of 2020 under Sections 188 and 269 IPC and Section 24(1) of the COTPA was registered against them. 4. Ranjith (A.1) and Jagadeesh (A.2) were released on bail and thereafter, Jagadeesh (A.2) filed an application in Crl.M.P. No.2330 of 2020 in Cr.No.619 of 2020 under Section 451 read with Section 457 Cr.P.C. before the Judicial Magistrate No.V, Coimbatore, for return of the cigarette bundles, which has been dismissed vide order dated 12.08.2020, aggrieved by which, Jagadeesh (A.2) has preferred the instant criminal revision. 5. Heard Mr. T. Arul, learned counsel for the petitioner and Mrs. P. Kritika Kamal, learned Government Advocate (Crl. Side) appearing for the respondent police. 6. 5. Heard Mr. T. Arul, learned counsel for the petitioner and Mrs. P. Kritika Kamal, learned Government Advocate (Crl. Side) appearing for the respondent police. 6. Before the trial Court as well before this Court, the petitioner has produced sufficient records to show that he, being the Proprietor of Sennamalai Balamurugan Agencies, had taken delivery of the cigarettes from A.M.S. Distributors, SF 82, Rose Garden, South Ukkadam, Coimbatore, and was transporting the said consignment of cigarettes to his place of business at Sirumugai Road, Mettupalayam. 7. According to the police, the accused ought not to have plied the vehicle during the lock down period without getting permission from the authorities. 8. In the opinion of this Court, for this sin, only the accused can be punished and the goods transported by them cannot be confiscated by the State. 9. In such view of the matter, this Court directs the Judicial Magistrate No.V, Coimbatore and the respondent police to immediately hand over the seized consignment to the petitioner on being properly identified. The respondent police are directed to take photographs of the seized goods and such photographs can be marked as exhibits in lieu of the seized goods. The Judicial Magistrate No.V, Coimbatore, shall draw a proceedings for handing over of the consignment to the petitioner in which the petitioner and two witnesses shall sign. The proceedings so drawn can also be marked as an exhibit in lieu of the returned goods. After taking custody, the petitioner shall file an affidavit before the trial Court setting out the description of the goods that he has taken custody. 10. This criminal revision stands disposed of accordingly. Post on 21.09.2020 (Monday) for reporting compliance.