IN RE: A.I. GEORGE Vs. STATE

JUDGEMENT

(1.) THIS is a Criminal Revision Petition against the order of the learned Sessions Judge of Coimbatore West Division dismissing a Criminal Miscellaneous Petition filed by the revision -petitioner herein against the order of the learned Judicial Second Class Magistrate No. 2, Coimbatore confiscating the Ambassador Car bearing, No. TNE 770 belonging to the petitioner.

(2.) ONE Thomas and Verghease were charge sheeted by the Sub Inspector of Police, Madukkarai for an offence punishable under S. 4(1)(a) of the Tamil Nadu Prohibition Act on the allegation that on 31st July 1975 at about 4:15 A.M . at Walayar check post near Madukkarai, they were found transporting about 222 half bottles and 2 quarter bottles of Mc Dowells brandy in the said Ambassador car. Both the accused were found, guilty and sentenced to undergo rigorous imprisonment for six months each by the Judicial Second Class Magistrate. But on appeal, the learned Chief Judicial Magistrate of Coimbatore and Nilgiris at Coimbatore set aside the conviction and the sentence imposed on the second accused Verghese and acquitted him.

(3.) IT is admitted that the car belongs to the petitioner. It is not disputed by the petitioner that the car was used for transporting about 222 half bottles and 2 quarter bottles of Mc Dowell 's brandy at the time and in the manner alleged by the prosecution in C.C. No.4208 of 1975. The contention of the petitioner is that his brother -in -law borrowed the car from him, that Verghese, the second accused, who is the son of his brother -in -law had taken the Car from his father and that whatever might have happened, had happened without his knowledge, or even consent and that the second accused having been acquitted, there is no justification for confiscating the vehicle.