JESU MICHAEL Vs. STATE

JUDGEMENT

(1.) This revision has been filed to set aside the order passed in Cr.M.P.No.1047 of 2021, dtd. 05/04/2021, on the file of the District Munsif cum Judicial Magistrate, Rameshwaram and to hand over the Boat bearing No.IND-TN-10-MM-356 for interim custody to the petitioner.

(2.) A Boat bearing registration No.IND-TN-10-MM-356 was seized by the respondent police in Crime No.21 of 2020, under Sections 14(c) of Foreigners Act, Sec. 3 (a) r/w. Sec. 6(a) of Passport Act and Sec. 111 (b) of Customs Act. The petitioner claiming himself as the owner of the property/Boat filed a petition for return of the vehicle in Cr.M.P.No.1047 of 2021 before the District Munsif cum Judicial Magistrate, Rameshwaram. That petition was dismissed by the trial Court. Against the same, the petitioner has preferred this Revision.

(3.) On the side of the petitioner, it is stated that the vehicle was seized by the respondent police on 07/03/2020 and is kept idle for the past two years. Keeping the Boat idle for two years, will make a vehicle useless. The Boat is the only livelihood of the petitioner and family members. The petitioner is not an accused in the case and prayed the vehicle to be returned to the petitioner. A judgment of the Hon'ble Supreme Court reported in 2003-1-C.T.C.175 (Sunderbhai Ambalal Desai and C.M.Mudaliar V. State of Gujarat) is cited on the side of the petitioner.