T RAMASAMY Vs. STATE

JUDGEMENT

(1.) THE above revision is directed against the order dated 09. 07. 2007 made in C. M. P. No. 1241 of 2007 in S. T. C. No. 1001 of 2006 on the file of Judicial Magistrate No. II, Gobichettipalayam, Erode District.

(2.) THE petitioner who faced trial for offence under section 4 (1) (A) of Tamil Nadu Prohibition Act, by judgment dated 11. 06. 2007 rendered in S. T. C. No. 1001 of 2006 was acquitted. While acquitting the accused, the learned Magistrate has directed the confiscation of vehicle bearing Registration No. 36/y-4556. Thereafter, the petitioner filed a petition under section 452 read with section 451 Cr. P. C seeking return of the said vehicle claiming to be its owner. The said petition was dismissed by the learned Magistrate stating that already property order has been passed in the Judgment dated 11. 06. 2007. Being aggrieved by that, above revision has been filed.

(3.) HEARD learned counsel appearing for the petitioner and also learned Government Advocate (Criminal side ).