At, High Court of Judicature at Madras
By, THE HONOURABLE MR. JUSTICE D. BHARATHA CHAKRAVARTHY
For the Petitioner: M. Soundar Vijay Arul Ram, Advocate. For the Respondent: S. Vinoth Kumar, Government Advocate (Crl. Side).
(Prayer: Criminal Revision Case filed under Section 397 r/w 401 of the Code of Criminal Procedure, pleased to call for the records and set aside the order passed by the learned Judicial Magistrate - I, Thiruvallur in Crl.M.P.N.4507 of 2022 dated 18.07.2022.)
1. The Criminal Revision Case is filed aggrieved by the order of the learned Judicial Magistrate - I, Thiruvallur in Crl.M.P.No.4507 of 2022 dated 18.07.2022, in and by which the prayer of the petitioner for interim custody of a tanker lorry, bearing registration No.TN 68 Q 1793 was rejected by the learned Magistrate.
2. In view of the fact that the vehicle was involved in the offence under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955. In view of the fact that there is bar under Section 6 E of the Essential Commodities Act, 1955, the vehicle is liable for confiscation, I am of the view that the order of the trial Court is correct.
3. Mr.S.Vinoth Kumar, learned Government Advocate (Crl. Side) also brings to the notice of this Court that already proceedings for confiscation are initiated.
4. However, the learned counsel for the petitioner submits that no such notice has been received by them so far.
5. In that view of the matter, this Criminal Revision is disposed of on the following terms:-
(i) The order of the learned Judicial Magistrate No.1, Thiruvallur in Crl.M.P.No.4507 of 2022 dated 18.07.2022 is upheld.
(ii) The respondent are directed to expedite the confiscation proceedings by duly serving notice on the petitioner and in any event, complete the same within a period of three months from the date of receipt of a copy of this
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order and it will be open for the petitioner to avail such remedies available to him under law against such confiscation order. 6. This Criminal Revision Case stands disposed of.