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Judgment
This Criminal Revision Case is preferred against the order dated 02.07.2026 passed in Cr.M.P.No.921 of 2026 by the learned Judicial Magistrate No.I, Sivagangai, declining to grant custody of the petition mentioned vehicle namely Yamaha Fascino two wheeler bearing Registration No.TN-63-BL-5599, seized in connection with Crime No.53 of 2026 of the respondent police.
The case of the prosecution in brief reads as follows:
The petitioner is the owner of the petition mentioned vehicle namely Yamaha Fascino two wheeler bearing Registration No.TN-63-BL-5599 and on 30.03.2026, the said vehicle was seized by the respondent police on allegation of transporting 22 number of liquor bottles having driven by one Lokesh Kumar and remanded to judicial custody with the Judicial Magistrate No.I, Sivagangai in Crime No.53 of 2026 under Sections 4(1)(A) and 4(1)(C) of the Tamil Nadu Prohibition (Amendment) Act, 2024. Pending case, the petitioner had filed an application in seeking interim custody of the said vehicle in Cr.M.P.No. 921 of 2026 and the same was dismissed by the learned Judicial Magistrate No.I, Sivagangai vide order dated 02.07.2026 and against which, this Criminal Revision Petition under order is preferred.
The case of the petitioner in brief reads as follows:
The petitioner is the registered owner of the petition mentioned vehicle namely Yamaha Fascino two wheeler bearing Registration No. TN-63-BL-5599 and asserted that the said vehicle is required for his day to day livelihood and the continuous retention of the same in the open space would result in deterioration and loss of value and hence, sought to return his vehicle. The petitioner, who is not an accused in this case, had no knowledge or involvement in the use of the vehicle mentioned in the petition for the alleged offence.
The case of the prosecution on behalf of the respondent reads as follows:
The learned Government Advocate (Criminal Side) would submit 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. It is further contended that the petition mentioned vehicle is liable for confiscation and hence, sought to dismiss the petition under order.
Both side heard. Records perused and noticed that the petitioner being the owner of the petition mentioned vehicle namely Yamaha Fascino two wheeler bearing Registration No.TN-63-BL-5599 is not arrayed as accused in this case. It is noticed from the First Information Report that the petitioner is not an accused in this case. The alleged vehicle was alleged to have driven by one Lokesh Kumar at the time of the seizure of 22 number of liquor bottles from it. Admittedly, neither the petitioner nor the petition mentioned vehicle is involved in any other case of similar nature. The major portion of investigation might have been completed by considering the date of occurrence and First Information Report. The learned counsel appearing for the petitioner would submit that the alleged offence was alleged to have taken place without the knowledge of the petitioner. By considering the principle laid down by the Hon'ble Supreme Court of India in M/s.ABC Express -vs- State of Gujarat reported in 2026 INSC 940 in addition to the following case law of this Court in (i) V.Ganapathi -vs- State rep. by its The Sub-Inspector of Police, Karuppur Police Station, Salem City in CRL.RC(MD).No.385 of 2022 dated 28.03.2022, (ii) M.Balamurugan -vs- The Deputy Superintendent of Police, Prohibition Enforcement Wing, Dindigul in CRL.RC(MD).No.674 of 2022 dated 22.07.2022, (iii) Pushpavalli -vs- The State Represented by, Station House Officer, PE Wing Villupuram P.S., Villupuram District in CRL.RC(MD).No.1119 of 2026 dated 05.06.2026 and (iv) Divya -vs- The State Rep.By, The Inspector of Police, Karumathampatti Police Station, Coimbatore in CRL.RC(MD).No.11333 of 2026 dated 09.06.2026, this Court is inclined to set aside the order of the learned Judicial Magistrate No.I, Sivagangai in Cr.M.P.No.921 of 2026 dated 02.07.2026 and inclined to grant the petitioner with an interim custody of the petition mentioned vehicle bearing Registration No.TN-63-BL-5599 (Yamaha Fascino two wheeler), on proving his ownership, subject to confiscation proceedings, if any, on the following terms and conditions:
the petitioner shall deposit a sum of Rs.25,000/-
(Rupees Twenty Five Thousand only) to the credit of the Crime No.53 of 2026 on the file of the respondent-police, before the Judicial Magistrate No.I, Sivagangai, within a period of fifteen days (15) from the date on which the order copy is made ready. In turn, the Judicial Magistrate No.I, Sivagangai 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.53 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. 25,000/- (Rupees Twenty Five Thousand only), with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Sivagangai;
the petitioner shall produce the copy of Registration Certificate Book of the vehicle before the learned Judicial Magistrate No.I, Sivagangai. 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.
Before handing over custody, the Investigating Officer shall prepare a detailed panchnama of the vehicle, together with photographs and videography of its condition, in the presence of the petitioner herein and two independent witnesses, and shall place the same on the record of the Trial Court.
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.53 of 2026 or on the ultimate liability for confiscation.
The Criminal Revision Petition is allowed in the above terms.