K.RAMAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE Petitioner (Owner of the Tractor bearing Registration No.TAP 7273) has focussed the present Criminal Revision Case before this Court as against the Order dated 06.09.2012 in Cr.M.P.No.4734 of 2012 passed by the Learned Judicial Magistrate No.II, Sattur.

(2.) THE Learned Judicial Magistrate No.II, Sattur, while passing Orders in Cr.M.P.No.4734 of 2012 in Crime No.284 of 2012, on the file of the Respondent Police Station, on 06.09.2012, has inter alia observed that the Tractor (bearing Registration No.TAP 7273) (in P.R.No.270 of 2012) at the time of occurrence on 19.05.2012, has been carrying one Unit of sand without any permit and taking note of the investigation, which is pending and if the interim custody of the vehicle is handed over to the Petitioner/Owner, then there is a possibility for the Petitioner/Owner to sell the same (as opined by this Court) and because of this reason, the enquiry will get affected and resultantly, dismissed the Petition.

(3.) ACCORDING to the Learned Counsel for the Petitioner, the Petitioner (Owner of the Tractor bearing Registration No.TAP 7273), as per complaint, is purported to have transported the Sand on 19.05.2012 and when the Sub Inspector of Police made a Vehicle check up, it has been found out that the Sand has been transported in the Petitioner's Vehicle without any permit and that the Learned Judicial Magistrate No.II, Sattur has erroneously assigned the reason for dismissing Cr.M.P.No.4734 of 2012 (filed praying for interim custody of the Vehicle by the Revision Petitioner) and the said Order is liable to be set aside, in the interest of justice, since it suffers from infirmity and illegality in the eye of law.