P.SANKAR Vs. STATE

JUDGEMENT

(1.) This revision has been filed to call for the records with regard to the order passed by the Special Judge/Principal Sessions Judge under the Mines and Minerals (Development and Regulation) Act , Sivagangai in Crl.M.P.No.594 of 2020 dated 26.02.2020 to set aside the same and direct to return the tractor and trailer bearing registration No.55-BA-7075.

(2.) On the side of the petitioner, it is stated that the vehicle namely tractor and trailer bearing registration No.55-BA-7075 was used only for agricultural purpose and the said vehicle was seized from the house of the petitioner on 21.12.2019. It is further stated that only 1/4 unit of sand was said to have been seized by the respondent police. Due to rusting and climatic condition, the said vehicle may get damage.

(3.) On the side of the petitioner, it is further stated that the Police registered a criminal case only under Section 379 I.P.C. On an earlier occasion, the learned District Munsif Cum Judicial Magistrate, Manamadurai dismissed the petition filed by the petitioner in Cr.M.P.No.465 of 2020 stating that as per the order passed by the Hon'ble Division Bench in Muthu Vs.District Collector, the petition for return of property has to be filed before the Special Court constituted under the provisions of Mines and Minerals Act . Accordingly, the petitioner has filed a petition in Cr.M.P.No.594 of 2020 before the learned Special Judge/Principal Sessions Judge under the Mines and Minerals (Development and Regulation) Act , Sivagangai. The learned Special Judge after hearing the case, dismissed the petition on the ground that there is no allegation under the provisions of Mines and Minerals (Development and Registration) Act and the vehicle in dispute has been seized only in connection with an offence under Section 379 I.P.C. The learned counsel prays that the vehicle may be returned to the petitioner for interim custody.