R. KARUPPIAH Vs. STATE

JUDGEMENT

(1.) This petition has been filed to set aside the order passed in Cr.M.P.No. 1004 of 2021 dtd. 6/7/2021, on the file of the learned learned Principal Sessions Judge, Ramanathapuram, in respect of condition nos.3 and 6 alone.

(2.) A Tata Ace Goods Carrier bearing Registration No.TN-65-AH-1971 was seized by the respondent police in Crime No.54 of 2021 under Sec. 21(1) of Mines and Minerals (Development and Regulation)Act. Subsequently, the petitioner claiming himself as the owner of the goods carrier, has approached the learned Principal Sessions Judge, Ramanthapuram, by filing a petition for release of the vehicles and the learned Judge allowed the petition in Crl.M.P.No.1004 of 2021 dtd. 6/7/2021, by imposing the condition nos.3 and 6 to the effect that "(iii)the petitioner shall deposit a sum of Rs.60,000.00 to the credit of the District Minerals Foundation Trust, Ramanathapuram and the petitioner shall produce the receipt for the deposit of the same from the concerned Authority at the time of furnishing security before this Court and (vi)the petitioner is directed to produce the original R.C. Book at the time of furnishing sureties". Challenging the aforesaid conditions, the petitioner is before this Court with this revision case.

(3.) On the side of the petitioner, it is stated that the condition imposed by the learned Sessions Judge, Ramanathapuram is onerous and that he could not mobilise the funds to comply the third condition. The petitioner has purchased the vehicle with the help of private finance company and he is not in position to deposit the R.C. Book and that if the vehicle is kept in the open space, the vehicle will get spoiled and prayed to set aside the conditions.