ANJANA Vs. STATE:

JUDGEMENT

(1.) THE petitioner is the fourth accused among four accused in the case pending in Crime No.198 of 2005 for the offence punishable under Sections 3(1)(, 4(1)(, 5(1) and 6(1) of the Immoral Traffic (Prevention) Act and she is the owner of Ford Icon Car bearing registration No.TN 09 R 1971 bearing Engine No.YC 08688 and Chasis No.MAJAXXMRTAYC 08688. This petition is filed by the petitioner, seeking to setting aside the order passed by the learned XVII Metropolitan Magistrate, Saidapet, Chennai, in M.P.No.7464 of 2005 dated 04.01.2006, in and by which, the petition for return of property, which was involved in the above said offences, came to be refused.

(2.) THE petitioner, who is arrayed as an accused, is the owner of the vehicle. THE prosecution case is that by using the vehicle, the alleged offence is said to have been committed. A petition for return of the vehicle has been filed before the learned Magistrate. THE impugned order has been passed by observing that the petitioner has been arrayed as an accused in this case and the investigation is still pending.