LAWS(MAD)-2015-3-553

N. CHINNAN Vs. THE STATE AND ORS.

Decided On March 03, 2015
N. Chinnan Appellant
V/S
The State And Ors. Respondents

JUDGEMENT

(1.) BEING aggrieved by the order made in C.M.P. No. 9296 of 2014, dated 24.12.2014, on the file of the learned Judicial Magistrate No. II, Mettur Dam, the present criminal revision case is filed.

(2.) CASE of the petitioner is that he is the owner of the vehicles, viz., (i) Maruthi 800 Car, bearing Registration No. TN 52 Z 7084, (ii) Hero Honda Splender, bearing Registration No. TN 52 Z 1987, (iii) TVS 50 bearing Registration No. TAS 2327. Alleging that Brandy Bottles were found in the vehicle on 22.11.2014, vehicles have been seized. The petitioner has filed C.M.P. No. 9296 of 2014 in Cr. No. 1117 of 2014, under Sections 457 Cr.P.C., for interim custody of the vehicle. The learned Judicial Magistrate No. II, Mettur Dam, has dismissed the petition, as confiscation proceedings have already been initiated and that the petitioner has to file his objections before the authority concerned.

(3.) BY inviting the attention of this Court to Section 14(4) of the Tamil Nadu Prohibition Act, 1937 and placing reliance on certain decisions, Mr. P. Govindarajan, learned Additional Public Prosecutor, objected to the relief sought for. He submitted that when confiscation proceedings have already been initiated, the petitioner is not entitled to seek for interim custody, under the Code.