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Judgment
C.T. Selvam, J.—Petitioner challenges the order of learned Judicial Magistrate II, Dharmapuri, passed in C.M.P.No. 5954 of 2014 on 22.09.2014, rejecting the petition filed for return of vehicle.
The respondent has seized the vehicle viz.,Tractor bearing Registration No. TN-49-X-0097 belonging to the petitioner in connection with the case registered in Crime No. 136 of 2014 on its file for offences under Section 9(B)1(b) of Indian Explosives Act, 1884 and 5 of Indian Explosives Substance Act, 1908. Petitioner has moved C.M.P.No. 5954 of 2014 before learned Judicial Magistrate II, Dharmapuri, seeking return of the vehicle. Such petition came to be dismissed under orders of the Court below dated 22.09.2014 and hence, this revision.
Heard learned counsel for petitioner and learned Government Advocate (Crl.side). Perused the counter. On prima facie appreciation it appears that detonators were transported towards aiding digging of a Well for agricultural use.
Following the rationale of the Hon'ble Apex Court in Sunderbhai Ambalal Desai and C.M. Mudaliar Vs. State of Gujarat, , this Court directs as follows:
The vehicle viz.,Tractor bearing Registration No. TN-49-X-0097, shall be placed in the custody of the petitioner after complying with the following:
(i) the Court below shall cause photocopies of vehicle to be taken and record panchanama thereof, the photocopies taken shall be read as secondary evidence during trial and production of vehicle shall be dispensed with.
(ii) the vehicle shall then be returned to the petitioner, who shall be at liberty to deal with the same in such manner as considered appropriate. The above order is not determinant of the ownership or other rights in respect of the vehicle.
In the result, the Criminal Revision is allowed. The order of learned Judicial Magistrate II, Dharmapuri, passed in C.M.P.No. 5954 of 2014 on 22.09.2014, is set aside.