R.Dhanabal vs The State Of Tamilnadu Rep By The Inspector Of Police, Sellur
- Court
- Madras High Court
CRL RC(MD) No. 678 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11-11-2026
CORAM
THE HON'BLE MR.JUSTICE B.MURUGESAN
CRL RC(MD) No. 678 of 2026
CNR:{HCMD010480622026}
R.Dhanabal
..Petitioner
Vs
The State Of Tamilnadu Rep By The Inspector Of
Police, Sellur
Police Station,
Madurai District.
(Crime No.1237 of 2015)
..Respondent
PRAYER: This Petition filed under section 438 BNSS, to set aside the
order dated 18.03.2026 made in Crl.M.P.No.957 of 2026 on the file of the
learned Judicial Magistrate No.II, Madurai by allowing this Criminal
Revision Petition and directing the respondent to return the seized
property to the petitioner.
For Petitioner : Mr.M Venkatesan
For Respondent : Mrs.V.Moushica,
Counsel for State of TN(Crl.side)
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ORDER
Heard and admitted.
02. With the consent of both parties, this criminal revision was
taken up for final hearing.
03. Claiming an order setting aside the dismissal order dated
18.03.2026 of the Judicial Magistrate II, Madurai, hereinafter referred
to as ‘the trial court’ for the sake of brevity, passed in Crl MP
No.957/2026, an application filed by the revision
petitioner/petitioner/ de facto complainant under S.497 r/w S.503 BNSS
for an order granting him interim custody of a gold bar weighing
108.860gms, the property in RPR No.442/2015 involved in Cr
No.1237/2015 under S.406, S.420, S.468 and S.467 IPC, on the file of
Sellur Police Station, Madurai District, the revision
petitioner/petitioner/ de facto complainant has filed this Criminal
Revision Petition under S.438 BNSS.
04. For the sake of convenience, the parties are referred
hereunder according to their litigative status and ranking in this
criminal revision, 'the revision petitioner' and 'the revision respondent',
unless the context otherwise requires.
05. Sans minute details, the case of the revision petitioner in the
trial court is that he is the de facto complainant, that he is the branch
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manager of the company, Best Money Gold, that some gold jewels
(now gold bar) weighing 108.860gms, have involved in Cr
No.1237/2015 under S.406 S.420, S.468 and S.467 IPC on the file of
Sellur Police Station, Madurai District, that in pursuance of such
registration of the criminal case, the aforesaid gold bar has been
recovered by the respondent police, that the aforesaid gold bar is now
in the custody of the trial court and that therefore, the interim custody
of the aforesaid gold bar needs to be granted to the revision petitioner
being its owner.
06. Neither the revision petitioner nor the revision respondent
has chosen to lead any evidence, either oral or documentary, before the
trial court.
07. On enquiry, the trial court has dismissed the criminal
miscellaneous petition in Crl MP No.957/2026 on the finding that the
earlier applications filed by the revision petitioner have been dismissed
and that the case is pending.
08. Learned counsel for the revision petitioner would submit that
the revision petitioner is literally the owner of the property, that the
dismissal of the claim of interim custody of the gold bar is not only
against law but also against the settled principles on such grant of
interim custody of the articles, that the trial court, without due
application of its judicial mind, has simply accepted the objections
raised by the revision respondent and thereby dismissed the criminal
miscellaneous petition in mechanical manner, that therefore, the order
of the trial court is obviously liable to be interfered with and that
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CRL RC(MD) No. 678 of 2026
therefore, this criminal revision petition, in the interest of justice, needs
to be allowed, setting aside the order of the trial court and thereby
granting the interim custody of the gold bar concerned.
09. Learned counsel for the State (Crl Side) appearing for the
revision respondent would admit that the revision petitioner is the de
facto complainant, and that he is the branch manager of the company,
Best Money Gold.
10. Heard both sides, and perused all material records.
11. On careful consideration of the criminal revision petition
filed by the revision petitioner, the related material records and the
submissions made on both sides, this court formulates the following
point for determination:
Whether the revision petitioner is entitled to get such order
setting aside the dismissal order dated 18.03.2026 of the trial
court in Crl MP No.957/2026, an application filed by the
revision petitioner/petitioner/ de facto complainant under S.497
r/w S.503 BNSS for an order granting him interim custody of the
gold bar weighing 108.860gms, the property in RPR
No.442/2015 involved in Cr No.1237/2015 under S.406, S.420,
S.468 and S.467 IPC, on the file of Sellur Police Station,
Madurai District, as prayed for?
12. The Point
(1) S.497 BNSS deals inter alia with the custody of the property,
produced before a criminal court, pending investigation, inquiry or
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trial. S.498 BNSS deals inter alia with the delivery of the property,
produced before a criminal court, at the conclusion of investigation,
inquiry or trial. S.503 BNSS deals inter alia with the delivery of the
property, not produced before a criminal court.
(2) S.497 BNSS would read as under:
497. Order for custody and disposal of property pending trial in
certain cases.
(1) When any property is produced before any Criminal Court or
the Magistrate empowered to take cognizance or commit the
case for trial during any investigation, inquiry or trial, the Court
or the Magistrate may make such order as it thinks fit for the
proper custody of such property pending the conclusion of the
investigation, inquiry or trial, and, if the property is subject to
speedy and natural decay, or if it is otherwise expedient so to do,
the Court or the Magistrate may, after recording such evidence
as it thinks necessary, order it to be sold or otherwise disposed
of.
Explanation.-For the purposes of this section, "property"
includes-(a) property of any kind or document which is
produced before the Court or which is in its custody;
(b) any property regarding which an offence appears to
have been committed or which appears to have been used
for the commission of any offence.
(2) The Court or the Magistrate shall, within a period of fourteen
days from the production of the property referred to in sub-
section (1) before it, prepare a statement of such property
containing its description in such form and manner as the State
Government may, by rules, provide.
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(3) The Court or the Magistrate shall cause to be taken the
photograph and if necessary, videograph on mobile phone or any
electronic media, of the property referred to in sub-section (1).
(4)The statement prepared under sub-section (2) and the
photograph or the videography taken under sub-section (3) shall
be used as evidence in any inquiry, trial or other proceeding
under the Sanhita.
(5) The Court or the Magistrate shall, within a period of thirty
days after the statement has been prepared under sub-section (2)
and the photograph or the videography has been taken under
sub-section (3), order the disposal, destruction, confiscation or
delivery of the property in the manner specified hereinafter.
(3) S.498 BNSS (relevant provisions thereof) would read as
under:
498. Order for disposal of property at conclusion of trial.
(1)When an investigation, inquiry or trial in any criminal case is
concluded, the Court or the Magistrate may make such order as
it thinks fit for the disposal, by destruction, confiscation or
delivery to any person claiming to be entitled to possession
thereof or otherwise, of any property or document produced
before it or in its custody, or regarding which any offence
appears to have been committed, or which has been used for the
commission of any offence.
(2)An order may be made under sub-section (1) for the delivery
of any property to any person claiming to be entitled to the
possession thereof, without any condition or on condition that he
executes a bond, with or without securities, to the satisfaction of
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the Court or the Magistrate, engaging to restore such property to
the Court if the order made under sub-section (1) is modified or
set aside on appeal or revision.
…………..
…………..
(4) S.503 BNSS (relevant provision thereof) would read as
under:
503. Procedure by police upon seizure of property.
(1)Whenever the seizure of property by any police officer is
reported to a Magistrate under the provisions of this Sanhita, and
such property is not produced before a Criminal Court during an
inquiry or trial, the Magistrate may make such order as he thinks
fit respecting the disposal of such property or the delivery of
such property to the person entitled to the possession thereof, or
if such person cannot be ascertained, respecting the custody and
production of such property.
…………
(5) Therefore, it is clear that S.497, S.498 and S.503 BNSS deal
with the custody or delivery , as the case may be, of the property
involved in a criminal case, and such claim of custody or delivery can
be made by a person entitled to the possession thereof.
(6) A gold bar is said to have involved in this case on hand and
accordingly, the aforesaid property has been recovered by the police.
(7) On careful study on the order dated 18.03.2026 of the trial
court passed in Crl MP No.957/2026, this court finds that the trial court
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has dismissed the aforesaid application filed under S.497 BNSS on the
grounds that the earlier applications filed by the revision petitioner
have been dismissed and that the case is pending.
(8) From the explanation to S.S.497 (1), it is clear that even a
gold bar which is said to have involved in the commission of an
offence is also a property like vehicle.
(9) Sunderbhai Ambalal Desai V State of Gujarat ((2002) 10
SCC 283) is a case where the Hon'ble Supreme Court, while dealing
with a vehicle as a property, has held as under:
17 . 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.'
(10) Selvam V State by Inspector of Police (2012 (1) MWN
(Cr) 288) is also a case where this court, while dealing with the return
of a vehicle to the claimant/accused, has held as under:
' 6 ……………, it would be seen that in directing return of
vehicles, even to Accused persons, in the manner contemplated
in the decisions of the Apex Court of Sunderbhai Ambalal Desai
V State of Gujarat, 2003 (1) CTC 175 and General Insurance
Council and others V State of Andhra Pradesh and others, 2010
(6) SCC 768, no trampling of powers bestowed upon the trial
Courts under Section 452 CrPC is involved. Therefore, it would
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be fit and proper to deal with applications seeking return of
vehicles without being clouded with the vision of the claimant
being an Accused.'
(11) It is therefore clear that keeping a property, be it a vehicle or
a gold bar, involved in an offence, either in police station or in court,
for a long time is not warranted and that an application seeking the
interim custody of such property needs to be dealt with judiciously and
expeditiously.
(12) Resultantly, this court, considering the nature of the
property being gold bar and considering the nature of the business of
the revision petitioner, is inclined to deliver such property to the
revision petitioner in such terms as detailed hereunder, and this point is
answered, accordingly.
13. In the result,
(1) that this criminal revision petition filed by the revision
petitioner is hereby allowed,
(2) that the order dated 18.03.2026 of the trial court in Crl MP
No.957/2026 is hereby reversed,
(3) that the criminal miscellaneous petition in Crl MP
No.957/2026 on the file of the trial court is hereby allowed, delivering
the property, the gold bar concerned, to the revision petitioner on the
conditions
(i) that the revision petitioner shall execute a bond for a sum
of Rs.3,00,000/- with two sureties for the like sum each to
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the satisfaction of the trial court,
(ii) that the revision petitioner shall file into the trial court the
photographs showing all sides of the gold bar concerned, and
(iii) that the revision petitioner shall file into the trial court
‘due authorization’ given by his company, Best Money Gold,
for taking delivery of such gold bar on behalf of such
company,
(4) that the trial court is hereby directed to deliver the gold bar
concerned to the revision petitioner only after the compliance by the
revision petitioner of the aforesaid conditions.
11-11-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
GNS
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CRL RC(MD) No. 678 of 2026
To
1.The Judicial Magistrate No.II, Madurai
2.The Inspector Of Police, Sellur
Police Station
Madurai District
3.The Additional Public Prosecutor
Madurai Bench of Madras High Court
Madurai
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CRL RC(MD) No. 678 of 2026
B.MURUGESAN, J.
GNS
CRL RC(MD) No. 678 of 2026
11-11-2026
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