Crl.R.C.No.1017 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23.07.2025 CORAM: THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.R.C.No.1017 of 2025 Arun @ Arunachalam .... Petitioner Vs State Rep.by The Inspector of Police, Vandavasi South Police Station, Tiruvannamalai District. Crime No.156 of 2024 .... Respondent PRAYER: Criminal Revision Case is filed under Section 438 read with Section 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records on the file of the learned Judicial Magistrate, Vandavasi, Tiruvannamalai District in Crl.M.P.No.2555 of 2024 dated 06.03.2025 and set aside the order. For Petitioner : Mr.E.Kannadasan For Respondent : Mr.A.Gopinath Government Advocate (Crl.side) ORDER This Criminal Revision has been filed challenging the order dated 06.03.2025 passed in Crl.M.P.No.2555 of 2024 on the file of the Judicial Magistrate, Vandavasi, Tiruvannamalai District, thereby dismissing the petition https://www.mhc.tn.gov.in/judis Crl.R.C.No.1017 of 2025 filed for return of properties, such as jewels, cash, mobile phones and a laptop. 2. Heard the learned counsel appearing on either side and perused the materials placed on record. 3. The petitioner is the accused. He owned jewels weighing 82.758 sovereigns, cash amounting to Rs, 48,49,200/-, two mobile phones and one laptop. While being so, on 15.09.2024, the respondent and his team conducted a search on the petitioner's house and found that the petitioner was in possession of jewels and cash. It is the case of the prosecution that the said items are proceeds of crime derived from illegal online lottery business. Consequently, the jewels, cash, mobile phones and laptop were seized and an FIR was registered in Crime No.156 of 2024 for the offence punishable under Sections 297(1), 318(4), 61(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 5 and 7(1) of Lottery Regulation Act. After seizure, the properties were deposited before the Trial Court. Thereafter, the petitioner filed a petition seeking return of the said properties. However, the Trial Court dismissed the petition on the ground that the said jewels, cash were crime proceeds. 4. A perusal of the records reveals that even according to the https://www.mhc.tn.gov.in/judis Crl.R.C.No.1017 of 2025 prosecution, the petitioner was involved in the online lottery business. However, there is no complaint from any person, who lost their money, through online lottery business conducted by the petitioner herein. Further, the petitioner has also undertaken to furnish the immovable properties as security. 5. Considering the above, this Court is inclined to set aside the order passed by the Trial Court. Accordingly, the order dated 06.03.2025 made in Crl.M.P.No.2555 of 2024 on the file of the Judicial Magistrate, Vandavasi, Tiruvannamalai District, is hereby set aside. The Judicial Magistrate, Vandavasi, Tiruvannamalai District, is directed to return the jewels, cash, mobile phones and laptop to the petitioner, forthwith, subject to the following conditions. (i) the petitioner shall deposit the original title deeds not less than the value of Rs.1,50,00,000/- (stands in the name of the petitioner or his relatives or friends) along with a proper valuation certificate obtained from the authority concerned to the credit of Crime No.156 of 2024 pending on the file of the respondent police. (ii) the seized items should be photographed at the cost of the https://www.mhc.tn.gov.in/judis Crl.R.C.No.1017 of 2025 petitioner herein and a list is to be prepared and the same is to be signed by the petitioner. (iii) the petitioner shall not alienate and shall not make any alteration in the properties. (iv) the petitioner shall produce the properties before the Court and before the respondent police as and when required; (v) If any of the conditions are violated, this order automatically stands cancelled. 6. Accordingly, the Criminal Revision Case stands allowed. 23.07.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order Lpp https://www.mhc.tn.gov.in/judis Crl.R.C.No.1017 of 2025 To 1. The Judicial Magistrate, Vandavasi, Tiruvannamalai Taluk. 2. The Inspector of Police, Vandavasi South Police Station, Tiruvannamalai District. 3. The Public Prosecutor, High Court, Madras. Page 5 of 6 https://www.mhc.tn.gov.in/judis Crl.R.C.No.1017 of 2025 G.K.ILANTHIRAIYAN. J, Lpp Crl.R.C.No.1017 of 2025 23.07.2025 https://www.mhc.tn.gov.in/judis