E. SURESH Vs. STATE

JUDGEMENT

(1.) The present revision petition has been filed against the order dtd. 14/12/2018 passed by the learned Judicial Magistrate No. II, Kancheepuram in C.M.P. No. Unnumbered of 2018, rejecting the application filed by the petitioner herein under Sec. 457 of Cr.P.C seeking return of vehicle, which was involved in the offence under Ss. 430, 379 of IPC read with 21 of Mines and Minerals Act and 3(1) of TNPPDL Act.

(2.) According to the learned Magistrate, the Division Bench of this Court in WP (MD). No. 7595 of 2018 (Mahalingam v. The secretary of Govt. Public Works Department, Secretariat, Chennai and others), dtd. 24/9/2018 has made an interim order that no Courts shall entertain any request for return of vehicle, which was involved in illegal sand mining. The Division Bench of this Court had passed the order on 24/9/2018 and on the basis of which the petition filed by the petitioner has been rejected.

(3.) However, on the day when the learned Judicial Magistrate had passed the order dtd. 14/12/2018, the Division Bench of this Court has modified its own order and subsequently passed directions on 29/10/2018, in W.P. (MD) Nos. 22023 to 22026 of 2018 etc., directing the return of vehicle by imposing certain conditions.