MUNEESWARI Vs. STATE

JUDGEMENT

(1.) Challenging the order passed by the learned District Munsif-cum-Judicial Magistrate, Rameswaram, in Crl.M.P.No.7205 of 2023 dtd. 29/12/2023, the present Criminal Revision has been filed by the petitioner for seizure of her vehicle viz., Honda Dio Motor Bike bearing registration No.TN 65 AR 3560 and consequently, for a direction to the respondent to release of the vehicle.

(2.) The case of the petitioner is that the petitioner is the owner of the vehicle bearing Registration No.TN 65 AR 3560, which was seized from the accused person and the accused person was implicated for the offence under Sec. 4 (1)(a) of the Tamil Nadu Prohibition Act. It is the case of the prosecution that on 13/12/2023, the accused was used the said vehicle for illegal transportation of the liquor bottle, thereby, the Law Enforcing Agency registered a case in Crime No.87 of 2023 and pursuant to which the petitioner made an application under Ss. 451 and 457 of Criminal Procedure Code seeking interim custody of vehicle bearing Registration No.TN 65 AR 3560 in Crime No.87 of 2023. However, the said application was rejected. Challenging the same, the petitioner has filed the present Criminal Revision case.

(3.) The learned counsel for the petitioner submitted that the admittedly the vehicle was misused by the offender without the knowledge of the owner of the vehicle. He further submitted that the vehicle was purchased under hypothecation and he has to pay the EMI and if the vehicle is kept for a long time in the open space, it would cause damage to the vehicle and that the vehicle is not involved in any case of similar in nature and the petitioner is ready to give appropriate guarantee as well as security for return of vehicle and also he will produce the vehicle, as and when required either before the respondent police or before the Trial Court. Hence, he prayed to return the vehicle to the petitioner.