Balamurugan vs The State Of Tamilnadu on 6 February, 2026

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    Madras High Court

    Balamurugan vs The State Of Tamilnadu on 6 February, 2026

    Author: Mohammed Shaffiq

    Bench: Mohammed Shaffiq

                                                                                                  Crl.R.C.(MD)No.226 of 2026
    
                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
    
                                                           DATED: 06.02.2026
    
                                                                    CORAM:
    
                                      THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ
    
                                                   Crl.R.C.(MD)No.226 of 2026
    
                    Balamurugan                                                                    ..Petitioner
    
                                                                         Vs.
    
                    The State of Tamilnadu,
                    Rep By Inspector of Police,
                    Andipatti Police Station,
                    Theni District.
                    Crime No.830 of 2020.                                                          ..Respondent
    
                    PRAYER: To call for the records relating to the order passed by the Learned
                    Judicial Magistrate Court, Andipatti in Crl.M.P. No. 3399 of 2025 dt.
                    18.12.2025 set aside the same and allow this revision petition and thus render
                    justice.
    
    
                                       For Petitioner     : Mr.R.Maheswaran
    
                                       For Respondent : Mr.Vaikkam Karunanithi
                                                       Government Advocate
    
    
    
    
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                                                                                             Crl.R.C.(MD)No.226 of 2026
    
    
    
    
                                                               ORDER
    

    Heard Mr.R.Maheswaran, learned Counsel for Revision Petitioner and

    Mr.Vaikkam Karunanithi, learned Government Advocate (Crl.side) for

    SPONSORED

    Respondent.

    2. The present Criminal Revision case has been filed to set aside the order

    of Judicial Magistrate Court, Andipatti in Crl.M.P.No.3399 of 2025 dated

    18.12.2025, whereby the petition under Section 497 and 503 of BNSS for

    interim custody of vehicle viz., Ashok Leyland Tipper 2012 Model bearing

    Registration No.TN 21 AL 4351, was rejected.

    3. Mr.R.Maheswaran, learned Counsel for Revision Petitioner would

    submit that petitioner is owner of the vehicle viz., Ashok Leyland Tipper 2012

    Model bearing Registration No.TN 21 AL 4351. The said vehicle was seized by

    Respondent Police and a case was registered in Crime No.830 of 2020, dated

    31.07.2020 for offence punishable under Section 379 of IPC and Section 21(4)

    of Mines and Minerals (Development & Regulation) Act, 1957 alleging that

    petitioner illegally transported 2 units of gravel sand. Petitioner has filed

    Crl.MP.No.3399 of 2025 before Judicial Magistrate Court, Andipatti, to grant

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    Crl.R.C.(MD)No.226 of 2026

    interim custody of the said vehicle and the said petition was dismissed by the

    Court below by impugned order dated 18.12.2025. Hence, this Criminal

    Revision Case has been filed.

    4. Learned counsel for petitioner would further submit that petitioner is

    the owner of the said vehicle and he would abide by any conditions that may be

    imposed by this Court. In support thereof, he produced the copy of Registration

    Certificate of said vehicle and the same was perused by

    Mr.Vaikkam Karunanithi, learned Government Advocate (Crl. Side) appearing

    for respondent, who confirmed that Registration Certificate stands in the name

    of petitioner.

    5. Learned Government Advocate (Crl.side) would submit that the said

    vehicle may be released subject to conditions and 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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    Crl.R.C.(MD)No.226 of 2026

    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-section (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.

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    Crl.R.C.(MD)No.226 of 2026

    (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.”

    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

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    Crl.R.C.(MD)No.226 of 2026

    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.

    9. Keeping in view the law laid down by the Supreme Court and the

    documents/facts which would prima facie show that Revision Petitioner is the

    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.

    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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    Crl.R.C.(MD)No.226 of 2026

    10. In view thereof, impugned order dated 18.12.2025 in

    Crl.M.P.No.3399 of 2025 passed by Judicial Magistrate Court, Andipatti, is set

    aside and the seized vehicle viz., Ashok Leyland Tipper 2012 Model bearing

    Registration No.TN 21 AL 4351, 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, Andipatti.

    (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.

    (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,

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    Crl.R.C.(MD)No.226 of 2026

    initiated/to be initiated.

    (vi) Petitioner is also directed to participate in the enquiry to be

    conducted by the respondent Police.

    (vii) Petitioner shall surrender the original R.C. Book before Judicial

    Magistrate Court, Andipatti.

    (viii) Petition relating to return of R.C. Book for any purpose in the future

    may be filed before Judicial Magistrate Court, Andipatti, who may consider the

    same on merits, though this order has been passed by the High Court.

    11. This Criminal Revision case is disposed of in the above terms.

    06.02.2026

    Index :yes/No
    Internet:yes/No
    rgm

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    Crl.R.C.(MD)No.226 of 2026

    To

    1.The Judicial Magistrate Court,
    Andipatti

    2. The Inspector of Police,
    Inspector of Police,
    Andipatti Police Station,
    Theni District.

    Crime No.830 of 2020.

    3.The Additional Public Prosecutor,
    Madurai Bench of Madras High Court,
    Madurai.

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    Crl.R.C.(MD)No.226 of 2026

    MOHAMMED SHAFFIQ,J.

    rgm

    Crl.R.C.(MD)No.226 of 2026

    06.02.2026

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