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Judgment
This Criminal Revision Case is filed against the order dated 14.07.2026 passed in Crl.M.P.No.976 of 2026 by the learned District Munsif cum Judicial Magistrate, Manamelkudi, declining to grant custody of the petition mentioned vehicle namely Tractor with Trailer bearing Chassis No.3102NL34F1297068F133, seized in connection with Crime No.60 of 2026 of the respondent police.
The case of the prosecution in brief reads as follows:
The petitioner is claimed to be a registered owner of the petition mentioned vehicle namely Tractor with Trailer bearing Chassis No. 3102NL34F1297068F133. The case of the prosecution is that the petitioner along with other accused were alleged to have illegally transported 2 1/2 units of soil and hence, the respondent police had registered a case in Crime No.60 of 2026 for the offences punishable under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023 r/w Sections 21(1) and 21(2) of the Mines and Minerals (Development and Regulation) Act, 1957. The vehicle and the sand were seized and kept in the custody and the investigation is in progress.
The case of the petitioner in brief reads as follows:
The petitioner is the registered owner of the petition mentioned vehicle namely Tractor with Trailer bearing Chassis No. 3102NL34F1297068F133 and asserted that the said vehicle is required for his day to day livelihood and the continuos retention of the same in the open space would result in deterioration and loss of value and hence, sought to return his vehicle.
The learned Government Advocate (Criminal Side) would submit that the petitioner is not an accused in this case and that the release of the vehicle would seriously prejudice the prosecution case and that there is every possibility of the vehicle being alienated, transferred, altered or misused.
Both side heard and records perused. The alleged date of occurrence is 05.06.2026. Subsequently, the petition mentioned vehicle was seized and remanded to judicial custody. The petitioner is not an accused in this case and is the registered owner of the petition mentioned vehicle namely Tractor with Trailer bearing Chassis No. 3102NL34F1297068F133. The case of the prosecution is that the petition mentioned vehicle was used for the illegal transportation of 2 1/2 units of soil. It is to reiterate that the alleged date of occurrence is on 05.06.2026 and thus, the major portion of investigation might have been completed by considering the date of occurrence and the First Information Report. By considering the principle laid down by the Hon'ble Supreme Court of India in Sunderbhai Ambalal Desai Vs. State of Gujarat reported in AIR 2003 SC 638, in addition to orders in the following cases of this Court in (i) P.Rajakumar -vs- The State of Tamil Nadu Rep. by the Sub Inspector of police, Panakudi Police Station, Tirunelveli District in CRL.RC(MD).No.1220 of 2025 dated 30.10.2025, (ii) Padmavathi -vs-State of Tamil Nadu rep. by the Inspector of Police, Maraneri Police Station, Virudhunagar District in CRL.RC(MD).No.1371 of 2025 dated 29.04.2026, (iii) Bharath -vs- State of Tamilnadu Rep by Inspector of Police, Thirumayam Police Station, Pudukottai District in CRL.RC(MD).No.1154 of 2026 dated 13.07.2026 and (iv) Annadurai -vs- The Inspector of Police, Kurisilapet Police station, Thirupathur District in Crl.O.P.Nos.646, 661, 668, 681 & 1146 of 2024 dated 29.01.2024, this Court is inclined to set aside the order of the learned District Munsif cum Judicial Magistrate, Manamelkudi in Crl.M.P.No. 976 of 2026 dated 14.07.2026 and inclined to grant the petitioner with an interim custody of the petition mentioned vehicle bearing Chassis No. 3102NL34F1297068F133 (Tractor with Trailer), on proving his ownership, subject to confiscation proceedings, if any, on the following terms and conditions:
the petitioner shall deposit a sum of Rs.50,000/-(Rupees Fifty Thousand only) to the credit of the Crime No.60 of 2026 on the file of the respondent-police, before the District Munsif cum Judicial Magistrate, Manamelkudi, within a period of fifteen days (15) from the date on which the order copy is made ready. In turn, the District Munsif cum Judicial Magistrate, Manamelkudi shall deposit the said amount in an interest bearing Fixed Deposit in any nationalized Bank initially for a period of one year and renew them periodically until the final order / judgment is passed in the case in Crime No.60 of 2026. The learned Judicial Magistrate or Trial Court shall pass orders qua entitlement of the said amount in its final order / Judgment;
the petitioner shall execute a bond for a sum of Rs. 2,00,000/- (Rupees Two Lakhs only), with two sureties each for a likesum to the satisfaction of the learned District Munsif cum Judicial Magistrate, Manamelkudi;
the petitioner shall produce the copy of Registration Certificate Book of the vehicle before the learned District Munsif cum Judicial Magistrate, Manamelkudi. If the original Registration Certificate Book is in the custody of the finance company, the petitioner shall produce a photocopy of the Registration Certificate Book, along with an affidavit stating that the original is with the finance company and a letter from the finance company acknowledging such custody.
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, failing which the respondent/trial Court is at liberty to confiscate the vehicle;
the petitioner shall not alienate or encumber or alter the vehicle;
the petitioner shall produce the vehicle before the Trial Court as and when required by it.
It is made clear that this order deals only with interim custody of the vehicle and does not express any opinion on the merits of the prosecution in Crime No.60 of 2026 or on the ultimate liability for confiscation.
The Criminal Revision Petition is allowed in the above terms.