CRL RC/1997/2026 of Indhumathi Vs State rep by the Inspector of Police on 25 September 2026

ORDER

This Criminal Revision Case challenges the dismissal of the application seeking return of a tractor which was seized in connection with Crime No.703 of 2025.

CRL RC No. 1997 of 2026

2. It is the case of the prosecution that the petitioner’s husband is an accused in the aforesaid Crime No.703 of 2026 for transporting one unit of river sand in the said vehicle belonging to the petitioner and therefore, the vehicle was seized during the course of investigation.

3. The petitioner sought the return of the vehicle and the same was dismissed on the ground that the vehicle was used by the very same accused in two earlier cases in which he was shown as an accused, namely in Crime No.2170 of 2020 registered for the offences under Sections 379 & 430 of IPC r/w Section 21 of the Mine and Minerals (Development and Regulation) Act and in Crime No.574 of 2023 registered for the offences under Sections 379 & 430 of IPC r/w Section 21 of the Mine and Minerals (Development and Regulation) Act.

4. Learned counsel for the petitioner would submit that the First Information Report in both earlier cases would disclose that this vehicle of the petitioner was not involved. In Crime No.2170 of 2020, a bullock cart was used for transportation of river sand and in Crime No.574 of 2023 dated 01.08.2023, an unregistered vehicle was used. He would further submit that the tractor in question was registered in the year 2021, as could be seen from the RC book.

5. Heard the learned Additional Public Prosecutor and perused the counter affidavit which states that the petitioner’s husband is a regular offender

CRL RC No. 1997 of 2026

with four cases pending against him and that if the vehicle is released, he would involve in similar activities.

6. It is seen from the earlier First Information Reports registered against the petitioner’s husband that the vehicle in question was not used by the accused and the learned counsel is right in saying so. Therefore, taking into consideration the facts that the petitioner is not an accused and that the vehicle has been lying idle in the police station for six months, this Court is inclined to hand over the interim custody of the vehicle to the petitioner.

7. Accordingly, this Criminal Revision Case is allowed and the impugned order dated 20.04.2026 passed in Crl.M.P.No.997 of 2025 on the file of the Judicial Magistrate Court, Arni, is set aside. In view of the same, the interim custody of the vehicle, namely, Mahindra and Mahindra Swaraj 744 FE Tractor bearing Registration No. TN 25 BS 4945, is directed to be returned to the petitioner on the following conditions:

(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 learned Judicial Magistrate, Arni;

(ii) The petitioner shall produce the original RC Book along with a self-attested Photostat copy of the RC Book of the vehicle

CRL RC No. 1997 of 2026

and other relevant records to prove her ownership. The learned Judicial Magistrate Court, Arni, shall peruse the RC book and other records, retain the original RC Book;

(iii) The petitioner shall not alter or alienate the vehicle in any manner;

(iv) The petitioner shall also give an undertaking that she will produce the vehicle as and when required by the respondent and by the Court below and;

(v) The return of property would be subject to the result of the confiscation proceedings. 25-09-2026 Neutral Citation: Yes/No ham To

1. The Judicial Magistrate, Arni.

2. The Inspector of Police Arni Taluk Police Station, Tiruvannamalai District.

CRL RC No. 1997 of 2026

SUNDER MOHAN, J. ham CRL RC No. 1997 of 2026 25-09-2026