G. BEEMARAO Vs. STATE

JUDGEMENT

(1.) This Criminal Revision has been filed against the order of the Court below dismissing the petition filed by the petitioner seeking for the release of his vehicle.

(2.) The vehicle was seized by the respondent since it is alleged to have been involved for an offence of transporting illicit alcohol and a case has been registered against six accused persons for an offence under Sec. 4(1) (A), 4 (1-A), TNP Act and 468, 471 and 420 IPC read with 7 and 11 TNRS Rules 2000 (Transporting). The petitioner claims himself to be the owner of the vehicle which he had leased to one of the accused person K. Shanmugam. The case of the petitioner is that the accused person had illegally used the vehicle to commit an offence and this petitioner as the owner of the vehicle should not be penalised for it and the petitioner is entitled for the release of vehicle under Sec. 451 read with 457 of Cr.P.C.

(3.) The Court below has dismissed the petition mainly on the ground that confiscation proceedings have already been initiated and it is pending before the competent authority and therefore, the petition for release of vehicle is not maintainable.