S MURUGESAN Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) This is a petition filed by the petitioner under S. 482 of Cr.P.C. to set aside the order of the Judicial Magistrate No. 1, Pudukottai dated 7 -6 -1996 in Crl.M.P. No. 103/96 and to direct the Magistrate to release the motor -cycle Silver plus bearing Registration No. TAO 1309, which was seized in Crime No. 205/96 on the file of Kantharvatkottai Police Station.

(2.) It is the case of the petitioner that according to the prosecution on 2 -5 -1996 at about 21:00 hrs. while the petitioner was coming along with his friend in his two wheeler Silver Plus, the petitioner was found in possession of 100 litres of I.D. arrack, and thereupon the vehicle was seized and produced before the Judicial Magistrate No. 1, Pudukottai, and after the investigation was over a final report under S. 173(2), Cr.P.C. was filed by the Sub -Inspector of Police, Kanthatvakottai Police Station, and the learned Magistrate after perusing the final report, discharged the petitioner and another accused under S. 258, Cr.P.C. and though the petitioner was discharged from the alleged offence under S. 4(1)(a) of Tamil Nadu Prohibition Act, the vehicle, which was said to have been used for the transport of 100 litres of I.D. arrack, was not returned to the petitioner, and so the petitioner filed the petition before the learned Magistrate in Crl.M.P. No. 103/96 and after hearing the petitioner's counsel the same was dismissed on 7 -6 -1996 and so the present petition under S. 482 of Cr.P.C. was filed by him before this Court on 29 -6 -1997.

(3.) On hearing both sides, the point that arises for consideration in this petition is as to whether the petitioner is entitled to the relief prayed for under S. 482, Cr.P.C.