(1.) Being aggrieved by the order made in G.F.I.R.No.3253 of 2014, in G-3 Cr.No.1368 of 2014, dated 24.11.2014, on the file of the learned XIV Metropolitan Magistrate, Egmore, Chennai-8, the present criminal revision case is filed.
(2.) Case of the petitioner is that he is the owner of the vehicle, Auto, bearing Registration No.TN 01 AW 7079, purchased under an Hire Purchase Agreement, with Syndicate Bank, Aminjikari, Chennai. Original documents are in possession of the Bank. Alleging that about 190 Brandy Bottles were found in the vehicle on 01.10.2014, the vehicle has been seized. The petitioner has filed G.F.I.R.No.3253 of 2014 in G.3.Cr.No.1368 of 2014, under Sections 451 r/w. 457 Cr.P.C., for interim custody of the vehicle. Reliance has been placed on a decision made in G.Chandramohan v. State by Inspector of Police, Prohibition Enforcement Wing, Kumbakonam, 2005 1 LW(Cri) 93. Before the lower Court, learned Public Prosecutor has opposed the prayer, on the grounds that already a notice, under Section 14(4) of the Tamil Nadu Prohibition Act (in short "TNP Act"), has been issued for confiscation of the vehicle. Placing reliance on a decision made in David v. Sakthivel, Inspector of Police,2010 1 LW(Cri) 129, vide order, dated 24.11.2014, the learned XIV Metropolitan Magistrate, Chennai, has dismissed the petition.
(3.) Assailing the correctness of the said order, Mr.M.Anandaraj, learned counsel for the petitioner submitted that notwithstanding the proceedings initiated for confiscation under Section 14(4) of the TNP Act, power of the Court under Sections 451 and 457 Cr.P.C., has not taken away for directing release of the vehicle.
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
Read More
Sales: sales@the-laws.com
Support: info@the-laws.com
8000853936
9376168072
27, 4TH FLOOR, Agrawal Center, Ashram Road, Income Tax, Ahmadabad 380014.
LOGIN