S. BASKARAN Vs. INSPECTOR OF POLICE, MADURAI CITY

JUDGEMENT

(1.) This Criminal Revision Case has been filed against the impugned order dtd. 10/11/2023 in Cr.M.P.No.5376 of 2023 on the file of the learned Judicial Magistrate No.IV, Madurai and for a mandamus to the learned Judicial Magistrate to return the vehicle bearing Registration No.TN 59 BV 3705 which was seized by the second respondent police qua Crime No .447 of 2023 to the custody of the petitioner.

(2.) It is the case of the revision petitioner that originally, the petitioner was the owner of the vehicle being auto rickshaw bearing Registration No.TN 59 BV 3705 [hereinafter be referred to as 'said vehicle' for the sake of convenience and clarity] and the said vehicle was sold to one Vijayakumar. However, the Registration Certificate of the vehicle remains in the name of the petitioner. The said Vijayakumar rented out the said vehicle for daily rental to one Radha, who is the accused involved in Crime No.447 of 2023. The said Radha confessed before the respondent police that he has transported 120 liquor bottles in the said vehicle and therefore, he was arrested at the same place of occurrence. After registering the FIR, the vehicle was confiscated by the first respondent police. Thereafter, the petitioner moved an application in Cr.M.P.No. 5376 of 2023 for interim custody of the said vehicle which is dismissed by the learned Judicial Magistrate No. IV, Madurai, by the order dtd. 10/11/2023. Aggrieved over the same, the present revision case has been filed by the petitioner.

(3.) Learned counsel for the petitioner submitted that the petitioner is not an accused in Crime No.447 of 2023. The petitioner's vehicle was already sold to Vijayakumar and the said Vijayakumar rented out the said vehicle to one Radha, who is the accused used the said vehicle for transporting illegal liquor bottles and hence, the vehicle was implicated in Crime No.447 of 2023. In the First Information Report, the reference to the vehicle and the liquor bottles are recorded. The respondent Police is duty bound to produce the vehicle before the concerned Magistrate and the Court below dismissed the petition for interim custody stating the reason that the confiscation proceedings have already been initiated.