ABDUL JABAR Vs. STATE

JUDGEMENT

(1.) THIS criminal revision case is against an order passed by the Judicial Magistrate, Manapprai, confiscating a tempo which according to the prosecution was involved in an offence punishable under Sec.4(1)(i) of the Tamil Nadu Prohibition Act.

(2.) IT appears three accused were charge-sheeted in the alleged offences. The second accused was the driver of the tempo. First accused was found loading gunny bags containing Jaggery, Navasaram, and Kadukkai to be transported to Rajalipatti for manufacture of illicit arrack there. Third accused was charge-sheeted on the ground that he was the owner of the tempo and it was at his instance the said materials were being loaded in the tempo to be transported.

(3.) IMMEDIATELY on same day third accused filed an application for return of the vehicle and upon that application an order was passed on 24.8.1993 confiscating the vehicle. It is against this order the present criminal revision case has been filed by the third accused.