R AYYANAR Vs. STATE

JUDGEMENT

(1.) THE above Criminal Revision Case is filed praying to set aside the order dated 28. 9. 2004 made in C. M. P. No. 2803 of 2004 by the Court of Judicial Magistrate No. I, Poonamallee, thereby dismissing the petition filed by the petitioner under Sections 451 Cr. P. C. for return of the L. M. V. Autorickshaw lorry bearing Registration No. TN-22-AA-7573 which is alleged to have been involved in a case registered for the offence punishable under Sections 4 (1) (aaa) and 4 (1-A) of the T. N. P. Act.

(2.) ON a perusal of the materials placed on record and upon hearing the learned counsel for both, it comes to be known that the petitioner is the accused in the case and the owner of the vehicle in question which was seized by the respondent police in connection with the above case. Since the petition filed by the petitioner before the trial Court praying return of the vehicle was dismissed on ground that the petitioner is the accused in the case, the petitioner has come forward to file the above revision case on ground that if the vehicle is allowed to remain in the police station, it will get damaged and also will looks its value.

(3.) CONSIDERING all the facts and circumstances of the case, since it is not disputed that the petitioner is the owner of the vehicle and further if the vehicle is kept idle, there is every possibility of the vehicle getting damaged, this Court is of the view that the prayer of the petitioner could be ordered favourably, but with the following conditions: in result,