M. SANJAY GANDHI Vs. SUPERINTENDENT OF POLICE, THANJAVUR

JUDGEMENT

(1.) THE petitioner prays for issuance of a writ in the nature of Mandamus, directing the respondents to release the petitioner's Tractor bearing Registration No.TN-49-AF-8788 with Trailer, within a time frame.

(2.) IT is the admitted case of the petitioner that FIR in Crime No.29 of 2012 is registered for the offence under Section 21 of the Mines and Minerals (Regulation and Development) Act, 1957 and Section 379 of Indian Penal Code, against the petitioner's brother. It is also not in dispute that the respondent No.2 impounded the vehicle in the crime. Once the case under Section 379 of the Indian Penal Code read with Section 21 of Mines Act has been registered, and the matter is pending in the Court of the Judicial Magistrate, the Tractor along with Trailer in possession of the Police becomes a case property which is to be dealt by the Judicial Magistrate under the provision of the Code of Criminal Procedure.

(3.) NO merit. Dismissed. However, this order shall not be a bar the petitioner to approach the learned Judicial Magistrate for seeking release of vehicle being owner of the tractor by moving appropriate application under Code of Criminal Procedure.