FACTS
2. The petitioner, who is the owner of TVS Star City Plus BS III bearing Registration No.TN-50-Q-8823, filed a return of property petition in Cr.M.P.No.3175 of 2023 before the learned District Munsif-cum-Judicial Magistrate, Nannilam, who dismissed the same by an order dated 01.07.2023, against which, the present petition has been filed.
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3. The contention of the petitioner is that the respondent police registered a case against the petitioner for offence under Section 4(1)(a) of Tamil Nadu Prohibition Act in Crime No.392 of 2023 on 31.05.2023 on the allegation that the petitioner was found in possession of Copper – 4 Brandy bottles each containing 180 ml of brandy.
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7. Considering the submissions made and on perusal of the material it is seen that the petitioner was found in possession of Copper – 4 brandy bottles each containing 180 ml, totally 720 ml of brandy. As per Tamil Nadu Liquor (Possession for Personal Consumption) Rules, 1996, a person is entitled to possess 4.5 litres of Indian made foreign spirits. In view of this admitted position, the case against the petitioner is a questionable one. Thus detention of vehicle by the respondent police is not proper.
8. It is not in dispute that the petitioner is the owner of the vehicle, viz., TVS Star City plus BS III bearing No.TN-50-Q-8823. It is seen that from the date of registration of FIR, the vehicle is kept in open space and thereby, the value of the vehicle is getting diminished. The Hon’ble Apex Court in the case of “Sunderbhai Ambalal Desai Versus State of Gujarat reported in 2002 10 SCC 290”, had given guidelines in the cases of return of property to the owner.
9. Further, this Court in the case of “Sakthidevi Versus State by The Inspector of Police, Thittachery Police Station, Nagapattinam District in Crl.R.C.No.501 of 2011”, considered the case of “David Vs. Sakthivel, Inspector of Police-cum-Station House Officer reported in 2010 1 MLJ (Crl.) 929” and ordered return of seized vehicle to the owner, which is being consistently followed, despite initiation of the confiscation proceedings.
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11. In view of the aforesaid reasons, this court is inclined to set aside the order passed by the learned District Munsif-cum-Judicial Magistrate, Nannilam made in Cr.M.P.No.3175 of 2023, dated 01.07.2023 and accordingly, the Criminal Revision Case is allowed.
DIRECTION TO RETURN THE VEHICLE (PROPERTY) ON CONDITIONS
12. Since the vehicle is in possession of the respondent police, the respondent police is directed to return the vehicle TVS Star City plus BS III bearing No.TN-50-Q-8823 to the petitioner, on the following conditions:-
(i) The petitioner shall execute a bond for a sum of Rs.5,000/- (Rupees Five Thousand only), with two sureties each for a like sum to the satisfaction of the learned District Munsifcum-Judicial Magistrate, Nannilam;
(ii) The petitioner shall produce the original RC Book of the vehicle and other relevant records to prove his ownership. The learned Magistrate shall peruse the RC book and other records, retain xerox copy of the same and return the same to the petitioner with a view to use the vehicle;
(iii) The petitioner shall not alter or alienate the vehicle in any manner till adjudication is over;
(iv) 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.
(v) The petitioner shall participate in the confiscation proceedings if any initiated and shall produce the vehicle before the confiscation authority. This order is subject to the outcome of the confiscation proceedings.
PARTY: Sathiyaraj … Petitioner Vs. The State rep by The Inspector of Police, Prohibition Enforcement Wing, Nannilam Police Station, Nannilam, Thiruvarur District. … Respondent – Crl.R.C.No.1819 of 2023 – DATED: 01.11.2023 CORAM: THE HON’BLE MR.JUSTICE M.NIRMAL KUMAR
https://www.mhc.tn.gov.in/judis/index.php/casestatus/viewpdf/1083410
Further study on the subject
Return of Property – Vehicle – Section. 451 – Court & Confiscating Authority roles – Explained.
