Madras High Court
CRL RC/2256/2026 of Viswanathan Vs State rep by the Inspector of Police on 1 October 2026
CRL RC No. 2256 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01-10-2026
CORAM
THE HON'BLE MR.JUSTICE SUNDER MOHAN
CRL RC No. 2256 of 2026
CNR: {HCMA012238842026}
Viswanathan
... Petitioner
Vs
State rep by,
The Inspector of Police,
Kilpauk Police Station, Chennai District.
(Crime No.197 of 2026)
... Respondent
Prayer : Criminal Revision Petition filed under Section 438 r/w 442 of BNSS, to set aside the dated 03.09.2026 made in Crl.M.P.No.8237 of 2026 on the file of the II Metropolitan Magistrate Court, Egmore, Chennai, dismissing the petition to return the property “Tata Motore Ltd Tata LPT Lorry bearing Registration No.TN 05 AH 7243, Engine Number: 697D21HSQ795212 and Chassis Number: 405090HSQ727329 by allowing the above Criminal Revision Petition.
For Petitioner
: Ms.B.Sasikala
For Respondent
: Mr.A.Amarnath
Additional Public Prosecutor
*****
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ORDER
The Revision challenges the order dismissing the petitioner’s application for return of a Lorry bearing Regn.No.TN 05 AH 7243, which was seized
CRL RC No. 2256 of 2026
during the course of investigation, in Crime No.197 of 2026, on the file of the respondent police, registered for the offences under Sections 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 r/w Section 303(2) of BNS, 2023.
2. The learned counsel for the petitioner, would submit that the petitioner is the owner of the vehicle and entitled to interim custody of the vehicle; that the vehicle has been lying idle from the date of seizure, namely 07.07.2026; and that the vehicle may be returned on any stringent conditions that may be imposed by this Court for return of his vehicle.
3. Mr.A.Amarnath, the learned Additional Public Prosecutor appearing for the respondent, confirms that the petitioner is not an accused; and that the confiscation proceedings have not been initiated.
4. Considering the fact that the vehicle is lying idle at the police station and since the petitioner is the owner of the vehicle, this Court is inclined to hand over interim custody of the vehicle to the petitioner, on the following conditions:
CRL RC No. 2256 of 2026
(i) The petitioner shall execute a personal bond for a sum of Rs.5,00,000/- (Rupees Five Lakhs Only) with two sureties for a likesum to the satisfaction of the II Metropolitan Magistrate Court, Egmore, Chennai;
(ii) The petitioner shall produce the original RC Book along with a self-attested Photostat copy of the RC Book of the vehicle and other relevant records to prove his ownership. The II Metropolitan Magistrate Court, Egmore, Chennai, shall peruse the RC book and other records, retain a xerox copy of the same and return the original RC book to the petitioner;
(iii) The petitioner shall not alter or alienate the vehicle in any manner;
(iv) The petitioner shall also give an undertaking that he will produce the vehicle as and when required by the respondent and by the Court below.
(v) The return of property would be subject to the result of the confiscation proceedings, if any.
5. Accordingly, the Criminal Revision Case is allowed, and the impugned order dated 03.09.2026 made in Crl.M.P.No.8237 of 2026 passed by the II Metropolitan Magistrate Court, Egmore, Chennai, is set aside. 01-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No sp To
1. The II Metropolitan Magistrate Court, Egmore, Chennai.
2. The Inspector of Police, Kilpauk Police Station, Chennai District.
3. The Public Prosecutor, Madras High Court.
CRL RC No. 2256 of 2026
SUNDER MOHAN, J. sp CRL RC No. 2256 of 2026 01-10-2026