VAIGAI Vs. STATE

JUDGEMENT

(1.) This Criminal Revision is directed against the order passed in Crl.M.P.No. 40 of 2023 dtd. 4/3/2023 on the file of the Judicial Magistrate No.V, Madurai, dismissing the petition filed under Ss. 457 and 451 Cr.P.C.

(2.) The main case of the prosecution is that the petitioner was selling the liquor after the permitted hours and on that basis, FIR came to be registered in Crime No.572 of 2022 for the offences under Ss. 4(1)(aaa), 4(1)(i) and 24 of TN Prohibition Act.

(3.) Admittedly, the respondent police has recovered 6228 bottles of liquor and cash of Rs.5,250.00 from the club premises. The petitioner has filed an application under Ss. 457 and 451 Cr.P.C. seeking return of the properties on interim custody. The learned Magistrate, after enquiry, taking note of the objections of the respondent police, has passed the impugned order dismissing the said petition. Aggrieved by the order of dismissal, the petitioner has now come forward with the present revision.