SHANMUGASREE Vs. STATE REP BY ITS

JUDGEMENT

(1.) This Criminal Revision Petition has been filed against the dismissal of the petition filed by the Petitioner in Cr. M.P. No. 724 of 2020 dated 27.02.2020 on the file of the learned District and Sessions Judge, Nagapattinam.

(2.) The case of the prosecution is that on 20.02.2020 at about 12.00 p.m., one Ms. R. Priya, Assistant Director, Geology and Mining Department informed the Respondent Police that during vehicle inspection on 20.02.2020 near Kariyapattinam Bazaar Street, it was found that the lorry bearing Registration No. TN 51 AJ 4813 was illegally transporting sand. Further, the vehicle was handed over to the Respondent Police for safe custody and the Respondent Police was requested to register the case. In view of the same, the Respondet Police has registered a case in Cr.No. 18/2020 under Section 379 of I.P.C. read with Section 21(1) of the Mines and Minerals (Development and Regulation) Act , 1957.

(3.) The Petitioner herein has filed a petition under Sections 451 and 457 of Cr.P.C., in Cr. M.P. No. 724 of 2020 on the file of the District and Sessions Judge, Nagapattinam seeking interim custody of the lorry bearing Registration No. TN 51 AJ 4813. The learned District and Sessions Judge, Nagapattinam has dismissed the said petition by the order dated 27.02.2020. Challenging the said order, the Petitioner has filed the present Criminal Revision Case.