CRL RC NO. 1636 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04-09-2025 CORAM THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL RC NO. 1636 of 2025 M/s.Dilip Buildcon Ltd., Represented by its Authorised signatory, Mr.Arsarath Ali, No.8, Kootturavu Nagar, Aasanur Road, Sandheppettai, Villupuram District-605 766. Petitioner(s) Vs The State Represented by The Inspector of Police, Thiruppapuliyur Police Station, Cuddalore. (Crime No.463 of 2023) Respondent(s) PRAYER: Criminal Revision Case is filed under Section 438 r/w 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying to set aside the order dated 30.07.2025, passed in Crl.M.P.No.10577 of 2025 in Crime No.463 of 2023 by the learned Judicial Magistrate No.II, Cuddalore. For Petitioner : Mr. R.Chakkaravarthy For Respondent : Dr.C.E.Pratap Government Advocate (Crl. Side) 1/6 https://www.mhc.tn.gov.in/judis O R D E R This Criminal Revision has been filed challenging the order passed in Crl.M.P.No.10577 of 2025 in Crime No.463 of 2023 by the learned Judicial Magistrate No.II, Cuddalore, thereby dismissing the petition filed for return of vehicle namely Tipper Lorries bearing Registration Nos. GA-06-5974 and GA- 06-T-5966. 2. Heard the learned counsel appearing on either side and perused the materials available on record. 3. The petitioner owned a Tipper Lorries bearing Registration Nos. GA-06-5974 and GA-06-T-5966. Pursuant to the registration of FIR in Crime No.463 of 2023, on the file of the respondent Police, the Tipper Lorries owned by the petitioner was seized by the respondent alleging that the Driver of the Tipper Lorry was illegally transporting gravel sand without any permission or license. The case has been registered for the offence punishable under Sections 379, 430 IPC and Sec.21 of Mines and Minerals (Development of Regulation) Act 1957, as against the Driver of the Tipper Lorry and others.The said vehicle was produced before the Judicial Magistrate No.III, Cuddalore. 2/6 https://www.mhc.tn.gov.in/judis 4. The learned Government Advocate (Crl. side) would submit that after completion of investigation, a final report has been filed before the learned Judicial Magistrate No.III, Cuddalore on 30.07.2025 and it is pending for taking cognizance. 5. Even according to the case of the prosecution, the petitioner is doing construction business gravel was a main raw material for construction. Further the provision under Section 451 of Cr.P.C.,/497(1) of BNSS provides for protection of the property from degradation due to non maintenance in the custody of the police as it takes long time for conclusion of criminal proceedings. The vehicle is in broad day light from the date of seizure and the trial has also been commenced and hence no useful purpose will be served in keeping the vehicles parked in the sunlight and rain. 6. In view of the above discussions, this Court is inclined to return the vehicle to the petitioner and accordingly, the order passed in Crl.M.P.No.10577 of 2025 dated 30.07.2025 by the learned Judicial Magistrate No.III, Cuddalore, is hereby set aside. The learned Judicial Magistrate No.III, Cuddalore, is directed to return the Tipper Lorries bearing Registration Nos. GA-06-5974 and GA-06-T-5966 to the petitioner, forthwith on the following 3/6 https://www.mhc.tn.gov.in/judis conditions:- (i) the petitioner is directed to execute an own bond for a sum of Rs.1,00,000/- (Rupees One lakh only) to the satisfaction of the concerned Magistrate to the credit of Crime No.463 of 2023 pending on the file of the respondent police. (ii) the petitioner shall deposit the original registration certificate of the vehicle with the concerned Magistrate. (iii) the seized item should be photographed at the cost of the petitioner herein and a list is to be prepared and the same is to be signed by the petitioner. (iv) the petitioner shall not alienate and shall not make any alteration in the vehicle. (v) the petitioner shall produce the vehicle before the Court and before the respondent police as and when required; (vi) If any of the conditions are violated, this order automatically stands cancelled. 4/6 https://www.mhc.tn.gov.in/judis 7. Accordingly, the Criminal Revision Case stands allowed. 04.09.2025 Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order rri To 1. The Judicial Magistrate No.II, Cuddalore. 2. The Public Prosecutor, High Court of Madras. 5/6 https://www.mhc.tn.gov.in/judis T.V.THAMILSELVI , J. rri CRL RC NO. 1636 of 2025 04.09.2025 6/6 https://www.mhc.tn.gov.in/judis