K VELU Vs. STATE

JUDGEMENT

(1.)

(2.) THE brief facts of the case are as follows: - THE petitioner is the owner of SWARAJ MAZDA four wheel vehicle bearing Registration No:tn-28-W-5895. THE respondent -police seized the said vehicle in connection with an offence under section 4 (1) (aaa) and 4 (1-A) of the Tamil Nadu Prohibition Act in Crime No:562 of 2004 of Perumbalai O. P. Police Station. THE vehicle was seized on 28. 2. 2004. THE petitioner is one of the accused. THE petitioner filed a petition impugned in this Revision for return of the said vehicle pending disposal of the case. But the same was rejected by the Judicial Magistrate on the ground that action is being taken by the Government to confiscate the vehicle. Aggrieved over the dismissal of the Criminal Miscellaneous Petition, this Revision has been filed.

(3.) IN the result, the Criminal Revision Case is ordered accordingly setting aside the order of the Judicial Magistrate, Pennagaram and directing him to return the vehicle subject to the conditions as mentioned above. .