CRL RC/1589/2026 of Rajkumar Vs State rep. by The Sub-Inspector of Police on 23 September 2026

ORDER

The Criminal Revision challenges the dismissal of the petitioner’s application filed under Sections 497 and 503 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), before the learned Judicial Magistrate-I, Tindivanam, in Crl.MP.No.402 of 2026 dated 21.07.2026, seeking the return of his Lorry i.e., TATA Tipper Lorry SK 1613/36BSII COWL bearing registration No.TN-20-AL-2997, which was seized during the course of investigation in Crime No.151 of 2026 registered for the offences under Sections 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957, 303(2) of the Bharatiya Nyaya Sanhita (BNS), 2023.

2. The case of the prosecution is that the petitioner/owner of the vehicle, along with others, had illegally transported 2 units of river sand without obtaining any valid permit in the Tipper Lorry and thus committed the aforesaid offences.

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CRL RC No.1589 of 2026

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.

4. Mr.G.Tamil Selvan, 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; 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, would submit that the petitioner/accused has no previous cases, and confirms that the confiscation proceedings have not been initiated.

6. Considering the facts that the petitioner is the owner of the vehicle, no confiscation proceedings have been initiated and no previous cases pending against the petitioner, this Court is inclined to hand over interim custody of the vehicle to the petitioner on the following conditions:

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CRL RC No.1589 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 like sum to the satisfaction of the learned Judicial Magistrate-I, Tindivanam;

(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 Judicial Magistrate-I, Tindivanam, shall 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 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 21.07.2026 made in Crl.M.P.No.402 of 2026, passed by the learned Judicial Magistrate-I, Tindivanam, is set aside. 23-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No dk

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CRL RC No.1589 of 2026

To

1. The Judicial Magistrate-I, Tindivanam.

2. The Sub-Inspector of Police, Roshanai Police Station, Villupuram District.

3. The Public Prosecutor, High Court of Madras, Chennai – 600 104.

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CRL RC No.1589 of 2026

SUNDER MOHAN, J. dk CRL RC No.1589 of 2026 23-09-2026

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