K. GANESH Vs. GOVINDHAN @ GOVINDHASAMY

JUDGEMENT

(1.) These petitions have been filed challenging the seizure notice dtd. 7/2/2019 issued by the respondent police to the petitioners. The grievance expressed in both these petitions is that neither in the FIR nor in the seizure notice, there is complete description of the vehicle which is sought to be seized. It is seen from records, both in the FIR to which there is an annexure and also in the seizure notice, there is a specific reference to the registration number of the vehicle. In the considered view of this Court no more particulars are required except the registration number.

(2.) The petitioners to whom the notice has been issued will have to necessarily produce the vehicle before the respondent police who will thereafter make it as a property which will be the subject matter of the criminal case and file an appropriate form before the concerned Magistrate. After the same is done, it will always be open to the petitioner to file a petition under Sec. 452 Cr.P.C., seeking for release of the vehicle, at which point of time the concerned Court will hear all the concerned parties and take a decision regarding the return of vehicle to the owner on merits.

(3.) This Court does not find any ground to interfere with the seizure notice at this stage. It is for the petitioners to establish their ownership before the concerned Magistrate Court by filing an appropriate petition under Sec. 452 Cr.P.C., and workout their remedy in accordance with law.