Madras High Court
CRL RC/1540/2026 of M.Vinayagam Vs The State Rep. by, The Inspector of Police on 23 September 2026
CRL RC No.1540 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23-09-2026
CORAM
THE HON'BLE MR.JUSTICE SUNDER MOHAN
CRL RC No.1540 of 2026
CNR: {HCMA011681872026}
M.Vinayagam
S/o. Mottai,
No.17/4, Amirthi Road,
X-Road, Thuttikadu,
Vellore, Vellore District.
...Petitioner/Accused/
Owner of the vehicle
Vs
The State Rep. by,
The Inspector of Police,
Vellore Taluk Police Station,
Vellore District.
...Respondent/
Respondent/
Complainant
Prayer : Criminal Revision Petition filed under Section 438 and 442 of BNSS, 2023, praying to call for the records on the file of the Learned Court of Sessions Division of Vellore District in Crl.MP.No.1149 of 2026
dated 19.06.2026 and set aside the order.
For Petitioner:
Mr.E.Kannadasan
For Respondent:
Mr.A.Amarnath,
Additional Public Prosecutor
( Uploaded on: 29/09/2026 04:19:58 pm )
CRL RC No.1540 of 2026
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
The Criminal Revision challenges the dismissal of the petitioner’s application filed under Section 497 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), before the learned Principal Sessions Judge, Vellore in Crl.MP.No.1149 of 2026 dated 19.06.2026, seeking the return of his Lorry bearing Reg.No.TN-59-P-8510, Engine No.ZBE332363, Chassis No.ZBE450363, which was seized during the course of investigation in Crime No.144 of 2023 registered for the offences under Sections 379 and 430 of the Indian Penal Code, 1860.
2. The case of the prosecution is that the petitioner/owner of the vehicle, along with others, had illegally transported 1 ½ units of red sand without obtaining any valid permit in the Tipper Lorry and thus committed the aforesaid offences.
3. During the course of the investigation, the petitioner’s vehicle was seized. The petitioner sought for return of the vehicle before the Trial Court, which came to be dismissed by the impugned order.
( Uploaded on: 29/09/2026 04:19:58 pm )
CRL RC No.1540 of 2026
4. Mr.E.Kannadasan, the learned counsel for the petitioner, would submit that the petitioner is the owner of the vehicle and is entitled to interim custody of the vehicle; and that the vehicle may be returned on any stringent conditions that may be imposed by this Court.
5. Mr.A.Amarnath, the learned Additional Public Prosecutor, appearing for the respondent, confirms that the confiscation proceedings have not been initiated.
6. Considering the facts that the petitioner is the owner of the vehicle and no confiscation proceedings have been initiated, this Court is inclined to hand over interim custody of the vehicle 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 like sum to the satisfaction of the learned Principal Sessions Judge, Vellore;
(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 learned Principal Sessions Judge, Vellore, shall retain the original RC book;
( Uploaded on: 29/09/2026 04:19:58 pm )
CRL RC No.1540 of 2026
(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.
7. Accordingly, this Criminal Revision Case is allowed, and the impugned order dated 19.06.2026 made in Crl.M.P.No.1149 of 2026, passed by the learned Principal Sessions Judge, Vellore, is set aside. 23-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No dk
( Uploaded on: 29/09/2026 04:19:58 pm )
CRL RC No.1540 of 2026
To
1. The Principal Sessions Judge, Vellore.
2. The Inspector of Police, Vellore Taluk Police Station, Vellore District.
3. The Public Prosecutor, High Court of Madras, Chennai – 600 104.
( Uploaded on: 29/09/2026 04:19:58 pm )
CRL RC No.1540 of 2026
SUNDER MOHAN, J. dk CRL RC No.1540 of 2026 23-09-2026
( Uploaded on: 29/09/2026 04:19:58 pm )