CRL RC No. 1268 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14-08-2026 CORAM THE HON'BLE MR.JUSTICE N.SENTHILKUMAR CRL RC No. 1268 of 2026 Munivarthini ..Petitioner Vs The State Rep. by The Sub-Inspector of Police, Arni Taluk Police Station, Tiruvannamalai District. Crime No.671 of 2025 ..Respondent Prayer: This Criminal Revision filed under Section 438 r/w. 442 of B.N.S.S., 2023, to set aside the order in Crl.M.P.No.999 of 2025 dated 24.03.2026 passed by the Learned Magistrate, Arni, Tiruvannamalai District consequently direct the respondent to return the petitioner’s vehicle namely Mahindra Swaraj 744 FE Tractor, bearing Registration No.TN-25-BY-3903 to the petitioner as interim custody. For Petitioner: Mr.E.Sathiyaraj For Respondent: Mr.A.Amarnath, Counsel for Government of Tamil Nadu (Criminal Side) ORDER Challenging the orders, dated 24.03.2026 passed in Crl.M.P.No.999 of 2025 by the learned Magistrate, Arni, Tiruvannamalai District, the present Criminal Revision is filed. https://www.mhc.tn.gov.in/judis CRL RC No. 1268 of 2026 2. The revision petitioner who is the owner of the vehicle has filed a petition in Crl.M.P.No.999 of 2025 under Section 497 r/w. 503 of BNSS, 2023 seeking interim custody of the vehicle viz., Mahindra Swaraj 744 FE Tractor bearing Registration No. TN 25 BY 3903. The said petition was dismissed by the learned Magistrate, Arni, Tiruvannamalai District on 24.03.2026 on the ground that the vehicle was involved in illegal transportation of one unit of river sand, against which the present revision is filed. 3. The learned counsel for the petitioner contended that the said vehicle was seized by the respondent in Crime No.671 of 2025 for the offences under Section 303(2) BNS on 10.10.2025 and that it is kept in the custody of Police in open space in the Police Station. His contention is that if the vehicle is kept in an open space, the value of the same will diminish over the period of time. Therefore he prayed for return of the vehicle. 4. The learned Government Advocate (Crl. side) appearing for the respondent though contended that the vehicle was used for illegal transportation of one unit of river sand, fairly conceded that the petitioner is not an accused in the case. https://www.mhc.tn.gov.in/judis CRL RC No. 1268 of 2026 5. In this back drop, it is relevant to refer a decision of the Hon'ble Supreme Court in Sunderbhai Ambalal Desai and others Vs. State of Gujarat reported in (2002) 10 SCC 283, in which it is held thus: “In our view, whatever be the situation, it is of no use to keep such seized vehicles at the police stations for a long period. It is for the Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. This can be done pending hearing of applications for return of such vehicles. In case where the vehicle is not claimed by the accused, owner, or the insurance company or by third person, then such vehicle may be ordered to be auctioned by the Court. If the said vehicle is insured with the insurance company, then insurance company be informed by the Court to take possession of the vehicle, which is not claimed by the owner or a third person. If insurance Company fails to take possession the vehicles may be sold as per the direction of the Court. The Court would pass such order within a period of six months from the date of production of the said vehicle before the Court. In any case, before handing over possession of such vehicles, appropriate photographs of the said vehicle should be taken and detailed panchanama should be prepared.” https://www.mhc.tn.gov.in/judis CRL RC No. 1268 of 2026 6. It is true that keeping the vehicle idle in an open space, would definitely impair the value of the vehicle over a period of time. As such, considering the ratio laid down by the Hon'ble Supreme Court, this Court is inclined to grant interim custody of the vehicle to the petitioner. 7. Accordingly, this Criminal Revision is allowed and the impugned order in Crl.M.P.No.999 of 2025 dated 24.03.2026 passed by the learned Magistrate, Arni, Tiruvannamalai District, is set aside and the interim custody of the vehicle is given to the petitioner on the following conditions : i.The petitioner shall prove his ownership of the vehicle by producing R.C.Book and other relevant records; ii.The R.C.Book shall be deposited in the Court and the Court shall issue a certificate in this regard; iii.The petitioner shall execute a bond for a sum of Rs.2,00,000/- (Rupees Two lakhs Only) before the trial Court; iv.The Court may prepare a panchanama in Judicial Form No.82 with regard to the vehicle bearing Registration No.TN 25 BY 3903 and such panchanama can be used in evidence; v.The Court shall take photograph of the vehicle bearing Registration No. TN 25 BY 3903 and certify the same under Section 65B of the Central Act 1 of 1972 and such photographs may be used as secondary evidence; https://www.mhc.tn.gov.in/judis CRL RC No. 1268 of 2026 vi.The petitioner shall not alienate or encumber the vehicle in any manner whatsoever; vii.The petitioner shall give an undertaking that he would not use the vehicle for any illegal activities in future; and viii.The petitioner shall also produce the vehicle as and when required by the court below and by the respondent police. 14-08-2026 vum Index: Yes / no Speaking Order / Non Speaking order Neutral Citation : Yes / No To 1. The Sub-Inspector of Police, Arni Taluk Police Station, Tiruvannamalai District. 2. The Magistrate, Arni, Tiruvannamalai. 3. The Public Prosecutor, Madras High Court, Chennai. https://www.mhc.tn.gov.in/judis CRL RC No. 1268 of 2026 N.SENTHILKUMAR J. vum CRL RC No. 1268 of 2026 14-08-2026 https://www.mhc.tn.gov.in/judis