DATED : 28.08.2023
CORAM :THE HONOURABLE MRS. JUSTICE R. HEMALATHA
Crl.R.C.No.1461 of 2023
Introduction:
The case of the criminal revision revolves around the petitioner’s appeal to set aside the order passed in Crl.M.P.No.3969/2023 dated 19.07.2023 by the Judicial Magistrate No.1, Udumalapet. The petitioner seeks the return of a seized tipper lorry bearing registration number TN 78 T 9227. The central issue in this case is whether the petitioner is entitled to the return of the vehicle while a criminal case is ongoing.
Factual Background:
On April 12, 2023, revenue officials conducting a field inspection in Andiyakavundanur Village, Udumalapet Sub Division, seized two tipper lorries, including the petitioner’s vehicle, for transporting gravel sand without a license. A complaint was lodged with the Amaravathi Nagar Police Station, resulting in the registration of FIR Crime No.48 of 2023. The petitioner filed a petition in Crl.M.P.No.3969/2023 before the Judicial Magistrate No.1, Udumalapet, seeking the return of his seized tipper lorry.
Legal Issues:
Return of Seized Property: The primary legal issue is whether the petitioner is entitled to the return of his seized tipper lorry while the criminal case is ongoing.
Application of Legal Precedents: The court must determine whether the circumstances of this case align with the legal principles established in the precedent mentioned.
Arguments:
The petitioner’s counsel argued that the petitioner, Mr. R.Babu, is the rightful owner of the tipper lorry and is not directly involved in the alleged offence. The petitioner’s contention is that the value of the lorry could depreciate if it remains in an open space for a prolonged period. Therefore, the petitioner requested the return of the seized vehicle.
The Government Advocate (Criminal Side), Mr. R.Vinothraja, did not raise significant objections to the return of the vehicle.
Precedent Reference:
The court referred to the decision of the Hon’ble Supreme Court in Sunderbhai Ambalal Desai and others v. State of Gujarat (2002) 10 SCC 283. The Supreme Court emphasized the need to promptly address the issue of seized vehicles, highlighting that prolonged retention of such vehicles at police stations is unnecessary. The court should pass appropriate orders, taking necessary bonds, guarantees, and security measures into account while returning the seized vehicles.
Court’s Decision:
Based on the principles established in the Supreme Court precedent, the court allowed the criminal revision case. It set aside the order dated July 19, 2023, passed by the Judicial Magistrate No.1, Udumalapet. The court directed the Judicial Magistrate to return the tipper lorry to the petitioner, subject to specific conditions, including proving ownership, executing a bond, preparing a panchanama, taking photographs, and providing an undertaking not to misuse the vehicle.
Analysis:
The case demonstrates the court’s adherence to established legal principles and its commitment to providing equitable solutions. The court’s reliance on the Supreme Court precedent reflects its dedication to ensuring that the rights of property owners are safeguarded while also maintaining the interests of justice.
The court’s emphasis on promptly resolving the issue of seized property aligns with the principles of efficiency and fairness in the criminal justice system. By setting out specific conditions for the return of the vehicle, the court strikes a balance between the petitioner’s rights and the need for proper legal procedure.
Conclusion:
The case of Criminal Revision Case – Vehicle Seizure and Return underscores the importance of addressing the timely return of seized property in ongoing criminal cases. The court’s decision reflects its commitment to upholding established legal principles and ensuring a just outcome. The case highlights the significance of applying legal precedents to maintain a balance between justice and individual rights in the legal system.
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Written by- Shreeya S Shekar
