FRIENDS BROTHERS ENTERPRISES PVT. LTD., Vs. STATE

JUDGEMENT

(1.) The petitioner is the lawful owner of the vehicle, being KIA CARNIVAL car bearing registration No.TN 87 D 7000, which was seized for involvement in an offence under Sec. 4(1)(aaa), 4(1-A) of Tamil Nadu Prohibition Act in Crime No.1138 of 2021 and was duly produced before the learned Judicial Magistrate, Sriperumbudur. Thereafter, the petitioner moved an application in Crl.M.P.No.177 of 2022 for interim custody of the vehicle which is dismissed by the order, dtd. 25/2/2022 on the ground that confiscation proceedings are already initiated and pending and therefore, it is not desirable to hand over the interim custody of the vehicle to the petitioner. Aggrieved by the same, the present Revision Case is laid before this Court.

(2.) Heard Mr.M.P.Yuvaraj, learned Counsel for the petitioner and Mr.S.Vinoth Kumar, learned Government Advocate (Crl. Side) for the respondent.

(3.) Mr.M.P.Yuvaraj, the learned Counsel for the petitioner submitted that even pending the confiscation proceedings, the vehicle can be returned and for the said proposition, he relied upon the orders of learned Single Judges of this Court in (i) Crl.R.C.No.501 of 2011, dtd. 7/4/2011 in Sakthidevi Vs. State; (ii) Crl.R.C.No.967 of 2020, dtd. 5/11/2020 in Muthu Vs. State; (iii) Crl.R.C.No.323 of 2021, dtd. 4/6/2021 in Karthik Vs. State; (iv) Crl.R.C.No.631 of 2021, dtd. 20/10/2021 in Rajendran Vs. State. In all the above cases, the vehicle was ordered to be returned to the original owner, after taking note of the fact that confiscation proceedings are initiated. Therefore, the learned Counsel would pray that the vehicle can be ordered to be returned which would be subject to the confiscation proceedings.