W ALDRIN Vs. KANNAN

JUDGEMENT

(1.) The petitioner, who is the owner of the vehicle viz., Honda Activa, bearing registration number TN 73 AB 9970 , filed a petition in C.M.P.No.494 of 2020 for return of vehicle, which was seized in connection with Crime No.336 of 2020. The learned Judicial Magistrate, No.2, Walajapet, by order dated 01.10.2020, dismissed the petition, against which the petitioner before this Court.

(2.) The case of the prosecution is that on 11.08.2020, at about 11.30 a.m., the Inspector of Police attached to the respondent Police Station along with his team conducted road check in Walaja to Aambur Road. At that time, the vehicle bearing registration number TN 73 AB 9970 ( Honda Activa) was signalled to stop. When the Respondent Police questioned the rider of the bike he disclosed his identify as Kannan, residing at Venkataraman Street, Walaja, Ranipet District. When his two wheeler was searched, 98 bottles of Diamond XXX Rum 180 ml were found. When the same was questioned, the rider of the bike Kannan confessed that he was transporting the bottles for selling at higher price for gain. The said Kannan was arrested and the bottles were seized and the bike was also taken into custody by the respondent Police. Thereafter, the respondent Police registered an FIR in Crime No.336 of 2020, for offence under Section 4(1)(a), 4(1-A) ii of the Tamil Nadu Prohibition Act, 1937.

(3.) The learned counsel for the petitioner submitted that the petitioner is the owner of the vehicle viz., Honda Activa, bearing registration number TN 73 AB 9970, and one Kannan misued his bike without his knowledge. On coming to know about the seizure of the vehicle by the respondent Police, the petitioner filed a petition under Section 451 r/w 457 Cr.P.C on 05.10.2020 before the learned Judicial Magistrate No.II, Walajapet, which was returned. Thereafter, the petitioner filed Crl.M.P.No.494 of 2020 before the learned Judicial Magistrate No.II, Walajapet, on the ground that the petitioner was need of his vehicle for daily use. In support of the ownership of the vehicle, the petitioner produced relevant documents along with affidavit. Since the Assistant Public Prosecutor filed his objection that the investigation is yet to be completed and no Court has power to return the property as interim custody and the confiscation proceedings was initiated, the learned Judicial Magistrate No.II, Walajapet, dismissed the petition.