IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09.03.2017 CORAM:
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Criminal Revision No.1110 of 2014 S.Kumar .. Petitioner Vs State rep. By The Inspector of Police, Civil Supplies CID, Salem.
(Cr.No.395 of 2012) .. Respondent Prayer:- Criminal Revision filed under Section 397 of Cr.P.C., against the order dated 11.10.2014 passed in C.M.P.No.7600 of 2014 on the file of the Judicial Magistrate-II, Namakkal, whereby dismissing the petition for return of R.C.Book.
For Petitioner : Mr.C.Prakasam For Respondent : Mr.R.Ravichandran, Gov. Adv. (Crl. Side)
ORDER
The present Revision has been filed against the order dismissing the petitioner's application under Section 451 Cr.P.C., to return the R.C.book. The petitioner's lorry was seized by the respondent police on 03.11.2012 on the ground that he was illegally transporting 20 tonnes of P.D.S. Rice and earlier, a writ petition filed by the petitioner vide W.P.No.32264 of 2012. In the said writ petition, this Court, vide order dated 04.12.2012, directed the Respondent/Revenue Divisional Officer to release the lorry. After the release of lorry, the petitioner filed the present application seeking return of the R.C.book.
2. Today, when the matter is taken up for hearing, the learned Government Advocate submitted that already proceedings were initiated by the Competent Authority and the vehicle was also confiscated by the order dated 28.03.2013,. Against that order, no appeal has been filed.
3. Since already the vehicle was confiscated by the competent authority, the petitioner cannot maintain this prayer. Hence, the Criminal Revision Petition is dismissed.
09.03.2017 kmi Index :Yes/No Internet:Yes/No To
1. The Judicial Magistrate Court No.II, Namakkal.
2. The Inspector of Police, Civil Supplies CID, Salem.
3. The Public Prosecutor, High Court, Madras.
V.BHARATHIDASAN, J.,
kmi Crl.R.C.No.1110 of 2014 09.03.2017 http://www.judis.nic.in