AUGUSTINRAJA Vs. STATE

JUDGEMENT

(1.) This Criminal Revision Petition is directed against the order passed in Crl.M.P.No.2874 of 2023 dtd. 28/2/2023 on the file of the learned Judicial Magistrate No.I, Kovilpatti, dismissing the petition filed under Ss. 451 and 457 Cr.P.C., for returning of the vehicle.

(2.) It is not in dispute that the respondent police registered a case in Crime No.95 of 2023 for the alleged offences under Ss. 4(1)(a), 4(1)(i) and 14A of Tamil Nadu Prohibition Act against the petitioner and that they have seized a vehicle viz., two wheeler bearing Registration No.TN-96-A-3108 and the same was remanded.

(3.) The petitioner, claiming to be the owner of the said vehicle, has filed a petition under Ss. 451 and 457 Cr.P.C., seeking return of the vehicle, but the learned Magistrate, by observing that confiscation authority has already received the vehicle and the same has been seized by the confiscation authority and that Court do not possess sufficient jurisdiction to order of interim custody of the vehicle, has dismissed the application. Challenging the dismissal order, the above Criminal Revision came to be filed before this Court.