Madras High Court
S.Muthukrishnan vs State Of Tamilnadu Rep By on 26 February, 2026
Author: Mohammed Shaffiq
Bench: Mohammed Shaffiq
CRL RC(MD). No.1586 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 26.02.2026
CORAM
THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ
CRL RC(MD). No.1586 of 2025
S.Muthukrishnan, ... Petitioner
Vs.
1. State of Tamilnadu Rep by
Inspector of Police,
Peraiyur, Police Station,
Madurai District.
Crime No.102/2025.
2. Shriram Finance Limited,
Kallikudi Taluk,
Madurai District.
3. Mandra Moorthi,
4. Mohan, ... Respondents
PRAYER :- Criminal Revision Case is filed under Section 438 r/w.442
of BNSS, 2023 to set aside the impugned order passed in Cr.MP.No.
2870/2025 on the file of the Judicial Magistrate Court, Peraiyur dated
04.11.2025 and allow the Criminal Revision Petition.
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For Petitioner : Mr.K. Rajeshwaran,
For Respondents : Mr.C.Jeganathan for R3
: Mr.P.Kottaichamy, Government Advocate for R1
: Mr.M.Kannan for R2
: Mr.S.I.Muthiah for R4
ORDER
Heard Mr.K. Rajeshwaran, learned Counsel for Revision
Petitioner, Mr.P.Kottaichamy, learned Government Advocate for first
respondent, Mr.M.Kannan, learned counsel for second respondent,
Mr.C.Jeganathan, learned counsel for third respondent, and
Mr.S.I.Muthiah, learned counsel for fourth respondent.
2. The present Criminal Revision case has been filed to set aside the
order of Judicial Magistrate Court, Peraiyur, dated 04.11.2025 in
Cr.M.P.No.2870 of 2025, whereby petition under Sections 497 & 503 of
BNSS for interim custody of vehicle viz., JCB bearing registration
No.TN-22-CW-9137, was rejected on the premise that if the said vehicle
is handed over to petitioner, vehicle may be sold or altered without being
produced for trial.
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3. Mr.K. Rajeshwaran, learned Counsel for Revision Petitioner
would submit that petitioner is owner of the aforesaid vehicle. The said
vehicle was seized by the Respondent Police and a case was registered in
Crime No.102 of 2025, for offence punishable under section 303(2) of
BNS and Section 4(A)(1A) r/w. 21(5) of Mines and Minerals
(Development & Regulation) Act, alleging that petitioner’s vehicle was
involved in the illegal transportation of sand. Petitioner has filed
Cr.MP.No.2870 of 2025 before Judicial Magistrate Court, Peraiyur, to
grant interim custody of the said vehicle and the said petition was
dismissed by Court below by impugned order dated 04.11.2025 for the
reasons stated supra. Hence, this Criminal Revision Case has been filed.
4. Learned Counsel for Petitioner would further submit that the
R.C book remains in the name of Mandra Moorthi/ third respondent;
third respondent obtained a loan from second respondent and in default
of payment, vehicle was sold to fourth respondent, who in turn, sold the
vehicle to petitioner. Both third and fourth respondent had filed
affidavits, wherein they have stated that they have no objection in
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transferring the ownership in favour of the petitioner and handing over
custody of the vehicle to the petitioner. Petitioner submits that he is the
owner of the said vehicle and would abide by any conditions that may be
imposed by this Court.
5. Mr.M.Karunanithi, learned Government Advocate (Crl.side)
appearing for respondent, would submit that Registration Certificate of
the subject vehicle is in the name of third respondent and on default of
payment of loan, vehicle was sold to fourth respondent, who in turn,
sold the vehicle to petitioner. In this regard, the Police had enquired with
both the respondents 3 and 4, who are erstwhile owners, who had
expressed that they have no objection to the transfer of ownership as well
as possession in favour of the petitioner. He would further submit that
the said vehicle may be released subject to conditions including in case,
confiscation proceedings are being initiated, petitioner must co-operate
and the same was agreed to by learned counsel for Revision Petitioner.
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6. Before proceeding further, it may be relevant to refer to
provisions of Sections 497 and 503 of Bharatiya Nagarik Suraksha
Sanhita, 2023 (BNSS), which reads as follows:-
“497. Order for custody and disposal of property pending
trial in certain cases.-When any property is produced before
any Criminal Court during any inquiry or trial, the Court may
make such order as it thinks fit for the proper custody of such
property pending the conclusion of the inquiry or trial, and, if
the property is subject to speedy and natural decay, or if it is
otherwise expedient so to do, the Court may, after recording
such evidence as it thinks necessary, order it to be sold or
otherwise disposed of.
Explanation.- For the purposes of this section,” property”
includes-
(a) property of any kind or document which is produced
before the Court or which is in its custody,
(b) any property regarding which an offence appears to have
been committed or which appears to have been used for the
commission of any offence.
(2) The Court or the Magistrate shall, within a period of
fourteen days from the production of the property referred to
in sub-section (1) before it, prepare a statement of such
property containing its description in such form and manner
as the State Government may, by rules, provide.
(3)The Court or the Magistrate shall cause to be taken the
photograph and if necessary, videograph on mobile phone or
any electronic media, of the property referred to in sub-section5/11
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CRL RC(MD). No.1586 of 2025(1).
(4)The statement prepared under sub-section (2) and the
photograph or the videography taken under sub-section (3)
shall be used as evidence in any inquiry, trial or other
proceeding under the Sanhita.
(5)The Court or the Magistrate shall, within a period of thirty
days after the statement has been prepared under sub-section
(2) and the photograph or the videography has been taken
under sub-section (3), order the disposal, destruction,
confiscation or delivery of the property in the manner
specified hereinafter.
503. Procedure by police upon seizure of property.-(1)
Whenever the seizure of property by any police officer is
reported to a Magistrate under the provisions of this Code,
and such property is not produced before a Criminal Court
during an inquiry or trial, the Magistrate may make such order
as he thinks fit respecting the disposal of such property or the
delivery of such property to the person entitled to the
possession thereof, or if such person cannot be ascertained,
respecting the custody and production of such property.
(2) If the person so entitled is known, the Magistrate may
order the property to be delivered to him on such conditions
(if any) as the Magistrate thinks fit and if such person is
unknown, the Magistrate may detain it and shall, in such case,
issue a proclamation specifying the articles of which such
property consists, and requiring any person who may have a
claim thereto, to appear before him and establish his claim
within six months from the date of such proclamation.”
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7. The Hon’ble Supreme Court in the case of Sunderbhai Ambalal
Desai vs State of Gujarat, reported in AIR 2003 SC 638, held as under:-
“17. In our view, whatever be the situation, it is of no
use to keep such seized vehicles at the police stations
for a long period. It is for the Magistrate to pass
appropriate orders immediately by taking appropriate
bond and guarantee as well as security for return of
the said vehicles, if required at any point of time. This
can be done pending hearing of application for return
of such vehicles.
……..
21. However these powers are to be exercised by the
concerned Magistrate. We hope and trust that the concerned
Magistrate would take immediate action for seeing that
powers under Section 451 Cr.P.C. Are properly and promptly
exercised and articles are not kept for a long time at the
police station, in any case, for not more than fifteen days to
one month. This Object can also be achieved if there is
proper supervision by the Registry of the concerned High
Court in seeing that the rules framed by the High Court with
regard to such articles are implemented properly.”
8. It may also be relevant to note that mere pendency of
confiscation proceedings before the Collector is no bar to release the
vehicle.1 The same view was taken by the Allahabad High Court that
pendency of confiscation proceedings shall not operate as bar against the
release of vehicle seized under Section 60 of Excise Act2.
1.Jai Prakash Vs. State of U.P., 1992 AWC 1744
2.Kamaljeet Singh Vs. State of U.P., 1986 U.P. Cri. Ruling 50 (Alld)
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9. Keeping in view that the law laid down by the Supreme Court
and the documents/facts which would prima facie show that Revision
Petitioner is the lawful owner of seized vehicle, this Court takes judicial
notice that if vehicle in the present case is allowed to be kept in custody
and in open yard, it will be exposed to vagaries of weather, resulting in
diminishing its value and may in course of time be reduced to scrap.
10. In view thereof, impugned order dated 04.11.2025 passed by
Judicial Magistrate Court, Peraiyur, in Crl.M.P.No.2870 of 2025, is set
aside and the seized vehicle viz.,JCB bearing registration No.TN-22-
CW-9137, insofar as it relates to Crime No.102 of 2025, is directed to be
released to petitioner subject to the following conditions:
(i) Petitioner shall execute a personal bond for a sum of Rs.
1,00,000/- (Rupees One Lakh only) with two sureties each for a like sum
to the satisfaction of the Judicial Magistrate Court, Peraiyur.
(ii) Vehicle shall be released after preparing a video and still
photographs of the vehicle and after obtaining all information/documents
necessary for identification of the vehicle.
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(iii) Petitioner shall not sell or part with the ownership of the
vehicle till conclusion of the trial and shall furnish an undertaking to the
trial court that he shall surrender the vehicle within one week of being so
directed.
(iv) Petitioner shall give an undertaking before
respondent/authority concerned stating that he will not use the vehicle in
question for any illegal activities in future and shall produce the same as
and when required by respondent Police and also the trial Court, failing
which the respondent/trial Court is/are at liberty to confiscate the vehicle.
(v) Petitioner undertakes to co-operate in confiscation proceedings,
if any, initiated/to be initiated.
(vi) Petitioner is also directed to participate in the enquiry to be
conducted by the respondent Police.
(vii) Petitioner is directed to effect the name transfer of vehicle
within one month from the date of receipt of copy of this order and on
such transfer, Petitioner shall surrender the original R.C. Book before
Judicial Magistrate, Peraiyur, failing which the order passed by this
Court stands vacated.
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(viii) Petition relating to return of R.C. Book for any purpose in the
future may be filed before Judicial Magistrate Court, Peraiyur who may
consider the same on merits, though this order has been passed by the
High Court.
11. This Criminal Revision Petition is disposed of in the above
terms.
26.02.2026
LS
TO
1. The Judicial Magistrate Court,
Peraiyur
2.The Inspector of Police,
Peraiyur Police Station,
Madurai District.
3. Shriram Finance Limited,
Kallikudi Taluk,
Madurai District.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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CRL RC(MD). No.1586 of 2025
MOHAMMED SHAFFIQ,J.
LS
CRL RC(MD) No.1586 of 2025
26.02.2026
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