JUDGMENT (Prayer: Criminal Revision Case filed under Section 397 & 401 of the Code of Criminal Procedure, pleased to set aside the order dated 18.08.2022 made in Crl.M.P.No.1357 of 2022 in Crime No.68 of 2022 on the file of the Principal Sessions Judge, Dharmapuri to the petitioner herein.) 1. This Criminal Revision Case is filed aggrieved by the order of the learned Principal Sessions Judge, Dharmapuri dated 18.08.2022 made in Crl.M.P.No.1357 of 2022, in and by which the prayer of the petitioner seeking interim custody of the petitioner's vehicle being a JCB, bearing registration No.TN 29 BH 6151 was refused by the learned Principal Sessions Judge. 2. The learned Principal Sessions Judge rejected the prayer of the petitioner on the ground that already in an earlier occasion, the petitioner's vehicle was involved in the same offence and the interim custody was granted on condition that not to involve in similar offence. When the said condition is not followed, the trial Court refused to grant interim custody of the petitioner's vehicle. 3. Learned counsel appearing for the petitioner would submit that in this case, the allegation is that the petitioner's vehicle was found to be involved in transportation of Savudu sand from the private land. Therefore, he would submit that this case is an implicated one and does not stand on the same foot as that of the earlier case and the petitioner's vehicle was engaged by the concerned person and therefore, this Court has to consider the prayer of the petitioner. 4. At the outset, I do not find any error in the reasoning of the learned Principal Sessions Judge. But, the other factor is that the vehicle cannot be allowed to rot and get wasted. Even then, when considering the external circumstances, in which the present First Information Report is relating to the transportation of the Savudu sand from a private land and there is possibility of the owner of the said land would have also engaged the petitioner, the vehicle may be returned. But, however, when transportation of Savudu sand is involved, the petitioner being the person known about the restrictions, ought not to have allowed the vehicle for the said purpose. 5. But, however, when transportation of Savudu sand is involved, the petitioner being the person known about the restrictions, ought not to have allowed the vehicle for the said purpose. 5. In that view of the matter, the petitioner being the lawful owner of the vehicle can be entitled for return of the said vehicle with appropriate stringent conditions in the form of a non refundable deposit, which has to be imposed on the petitioner. 6. In view there of, this Criminal Revision is allowed on the following terms:- (i) The order of the learned Principal Sessions Judge, Dharmapuri dated 18.08.2022 made in Crl.M.P.No.1357 of 2022 is set aside. (ii) The petitioner will be entitled for return of vehicle, bearing Registration No.TN 29 BH 6151 on deposit of a sum of Rs.50,000/- to the District Mining Fund of the District Collector, Dharmapuri, which is a non refundable one. (iii) The petitioner shall produce the original RC Book of the vehicle and other relevant records to prove his ownership and the learned Judge, on perusal of the RC book and other records, retaining the Xerox copy of the same, shall return the original documents to the petitioner with a view to use the vehicle; (iv) The petitioner shall not alter or alienate the vehicle in any manner till adjudication is over; (v) The petitioner shall also give an undertaking that he will not use the vehicle for any illegal activities in future and also to produce the vehicle as and when required by the respondent and by the court below and as well as by the District Collector of the District or authorized officer in that behalf by the Government. (vi) The petitioner shall participate in the confiscation proceedings, if any, initiated and shall produce the vehicle before the confiscation authority. This order is subjected to the confiscation proceedings. (vii) The petitioner shall not indulge in the similar offence either by using the present vehicle or any other vehicle. (vi) The petitioner shall participate in the confiscation proceedings, if any, initiated and shall produce the vehicle before the confiscation authority. This order is subjected to the confiscation proceedings. (vii) The petitioner shall not indulge in the similar offence either by using the present vehicle or any other vehicle. If the petitioner is found to be involved in any of similar offence in future either by way using the present vehicle or through any other vehicle, this order of returning the present vehicle (a JCB, bearing Registration No.TN 29 BH 6151), shall stand automatically vacated, and this vehicle will be again seized by the respondent/police and produce before the Court concerned; (viii) The trial Court and the respondent police shall make such endeavor including taking of picture, etc, which may be necessary for trial before the trial Court; 7. Accordingly, this Criminal Revision Case stands allowed with the above observations.