The petitioner challenges the order of the learned Judicial Magistrate, Uthangarai, dated 21.06.2017, rejecting the petition filed for return of vehicle.
2. The petitioner submitted that the second respondent police has seized the petitioner's lorry bearing Registration No.KA-53 B-6486 and registered a case in Cr.No.93 of 2017 for offence under
Section 379 of IPC and 21 (1) of Mines and Minerals Act.
3. In this connection, the petitioner has moved a Petition before the learned Judicial Magistrate, Uthangarai, seeking return of the vehicle. Such petition was also allowed with a direction directing the petitioner to execute a bond for Rs.20,000/- and also that the petitioner shall produce the vehicle before the court whenever ordered by the court. Inspite of the specific order from the learned Judicial Magistrate, Uthangari, the respondents refused to return the vehicle and hence, this Petition.
4. Learned counsel for the petitioner would seek to impress upon this Court that a false case stands foisted upon the petitioner. This Court is now concerned with return of property, pure and simple.
5. In the circumstances above stated and following the decisions of the Hon'ble Apex Court in Sunderbhai Ambalal Desai v. State of Gujarat (AIR 2003 Supreme Court 638) and General Insurance Council V. State of Andhra Pradesh in 2010 (3) Supreme Pg. 317, this Court directs as follows:
The Lorry bearing Registration No. KA-53 B-6486 shall be placed in the custody of the petitioner after complying with the following:
i)The lower Court shall cause photographs of the vehicle to be taken and record panchanama thereof, the photographs taken shall be read as secondary evidence during trial and production of the vehicle shall be dispensed with.
ii)The vehicle shall then be returned to the petitioner, who shall be at liberty to deal with the same in such manner as considered appropriate.
6. The above order is not determinant of the ownership or other rights in respect of the vehicle.
7. With the above observations, the Criminal Original Petition is allowed. The order of the learned Judicial Magistrate, Uthangarai dated 21.06.2017, is set aside.
09.11.2017 Index:yes/no Speaking / Non-speaking order gv Note: Issue order copy on 14.11.2017 M.S.RAMESH. J., gv To
1.The Judicial Magistrate, Uthangarai.
2. The Deputy Superintendent of Police, Uthangarai, Krishnagiri District.
3.The Inspector of Police, Samalpatti Police Station, Samalpatti, Krishnagiri District.
4.The Public Prosecutor, High Court, Madras.
Crl.O.P.No.15471 of 2017 09.11.2017