CHINNASAMI Vs. STATE

JUDGEMENT

(1.) PETITIONER challenges the order of learned Judicial Magistrate II, Dharmapuri, passed in C.M.P.No. 5954 of 2014 on 22.09.2014, rejecting the petition filed for return of vehicle.

(2.) THE respondent has seized the vehicle viz.,Tractor bearing Registration No. TN -49 -X -0097 belonging to the petitioner in connection with the case registered in Crime No. 136 of 2014 on its file for offences under Section 9(B)1(b) of Indian Explosives Act, 1884 and 5 of Indian Explosives Substance Act, 1908. Petitioner has moved C.M.P.No. 5954 of 2014 before learned Judicial Magistrate II, Dharmapuri, seeking return of the vehicle. Such petition came to be dismissed under orders of the Court below dated 22.09.2014 and hence, this revision.

(3.) FOLLOWING the rationale of the Hon'ble Apex Court in Sunderbhai Ambalal Desai v. State of Gujarat ( : AIR 2003 Supreme Court 638), this Court directs as follows: