Mani vs State Of Tamilnadu Rep By In
- Court
- Madras High Court
CRL RC(MD) No. 1685 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved On: 16.10.2026
Delivered On: 30.10.2026
CORAM:
THE HONOURABLE MR.JUSTICE B.MURUGESAN
CRL RC(MD) No. 1685 of 2026
CNR:{HCMD011463302026}
Mani
(Through his Power of Attorney Holder)
S.Krishnaraj ... Petitioner
Vs.
State Of Tamilnadu Rep By Inspector Of Police, Kollencode
Police Station,
Knyakumari District.
(Crime No.247 of 2025) ... Respondent
PRAYER: Criminal Revision filed under Section 438 r/w 442 BNSS, to
call for the records and set aside the order passed in Crl.M.P.No.304 of
2026 on the file of the Judicial Magistrate No.II, Kuzhithurai dated
06.07.2026 and allow this revision.
For Petitioner : Mr.P.Sonu
For Respondent : Mrs.V.Moushica,
Counsel for State of TN(Crl.Side)
ORDER
Heard and admitted.
02. With the consent of both parties, this criminal revision was
taken up for final hearing on 16.10.2026.
1 / 14
__________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/11/2026 11:23:02 am )
CRL RC(MD) No. 1685 of 2026
03. Claiming an order setting aside the dismissal order dated
06.07.2026 of the Judicial Magistrate II (FAC), Kuzhithurai,
hereinafter referred to as ‘the trial court’ for the sake of brevity, passed
in Crl.MP.No.304/2026, an application filed by the revision
petitioner/petitioner/A4 under S.497 BNSS for an order granting him
‘interim custody of 439 liquor bottles’ involved in Cr No.247/2026
under S.4(1)(C) and 4(1)(A) of Tamil Nadu prohibition Act, on the file
of Kollencode Police Station, the revision petitioner/petitioner/A4 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 439 liquor bottles are said to have involved in Cr
No.247/2025 under S.4(1)(C) and 4(1)(A) of Tamil Nadu prohibition
Act on the file of Kollencode Police Station, that in pursuance of such
registration of the criminal case, the aforesaid liquor bottles have been
seized by the respondent police, that the revision petitioner is the
2 / 14
__________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/11/2026 11:23:02 am )
CRL RC(MD) No. 1685 of 2026
owner of AKM OASIS Hotel, that the aforesaid liquor bottles have
been purchased from TASMAC under valid receipts, that the liquor
samples have been sent for forensic examination and that therefore, the
interim custody of the aforesaid properties needs to be granted to the
revision petitioner being their owner.
06. Bereft of unnecessary details, the case of the revision
respondent in the trial court is that the investigation is still pending,
that some bottles were found tampered with, that the report of the
forensic examination is awaited and that therefore, this criminal
miscellaneous petition seeking such interim custody of the properties
concerned deserves for dismissal.
07. Neither the revision petitioner nor the revision respondent
has chosen to lead any evidence, either oral or documentary, before the
trial court.
08. On enquiry, the trial court has dismissed the criminal
miscellaneous petition in Crl MP No.304/2026 on the finding that the
investigation is still pending and that the report of the forensic
examination is awaited.
3 / 14
__________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/11/2026 11:23:02 am )
CRL RC(MD) No. 1685 of 2026
09. Heard both sides, and perused all the materials available.
10. Learned counsel for the revision petitioner would submit that
the revision petitioner is the owner of AKM OASIS Hotel, that the
aforesaid liquor bottles have been purchased from TASMAC under
valid receipts, that the dismissal of the claim of interim custody of the
properties is not only against law but also against the settled principles
on such grant of interim custody of the properties, 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 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 properties concerned.
11. Learned counsel for the State (Crl Side) appearing for the
revision respondent would submit that the investigation is still pending,
that the report of the forensic examination has been received and the
report is negative, that the order of the trial court, at that juncture, is
lawful and perfect and that therefore, this criminal revision petition
deserves for dismissal in limine .
4 / 14
__________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/11/2026 11:23:02 am )
CRL RC(MD) No. 1685 of 2026
12. 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 06.07.2026 of
the trial court in Crl MP No.304/2026, an application filed
by the revision petitioner/petitioner/A4 under S.497 BNSS
for an order granting him ‘interim custody of 439 liquor
bottles’ involved in Cr No.247/2026 under S.4(1)(C) and
4(1)(A) of Tamil Nadu prohibition Act, on the file of
Kollencode Police Station, as prayed for?
13. The Point
(1) S.497 BNSS deals inter alia with the custody/disposal of the
property, produced before a criminal court, pending investigation,
inquiry or 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.
5 / 14
__________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/11/2026 11:23:02 am )
CRL RC(MD) No. 1685 of 2026
(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.
(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.
6 / 14
__________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/11/2026 11:23:02 am )
CRL RC(MD) No. 1685 of 2026
(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. (italics supplied by this court)
(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 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.
…………..
…………..
7 / 14
__________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/11/2026 11:23:02 am )
CRL RC(MD) No. 1685 of 2026
(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) 439 liquor bottles are said to have involved in this case on
hand and accordingly, the aforesaid properties have been seized by the
police.
(7) On careful study on the order dated 06.07.2026 of the trial
court passed in Crl MP No.304/2026, this court finds that the trial court
has dismissed the aforesaid application filed under S.497 BNSS on the
ground that the report of the forensic examination is awaited.
8 / 14
__________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/11/2026 11:23:02 am )
CRL RC(MD) No. 1685 of 2026
(8) It is relevant to note that the forensic examination has been
completed, that the report thereof has also been received, that a copy of
such report has also been filed in this criminal revision and that the
samples sent for forensic examination are found free from methyl
alcohol and atropine.
(9) From the available records, the revision petitioner is found to
be a licencee for possession of liquor and liquor bottles are found to
have been purchased from TASMAC.
(10) From the explanation to S.497 (1) BNSS, it is clear that
even liquor bottles which is said to have involved in the commission of
an offence are also properties like vehicles.
(11) At this juncture, this court would like to refer to the decision
of Hon'ble Supreme Court in Sunderbhai Ambalal Desai V State of
Gujarat ((2002) 10 SCC 283) and the relevant portion thereof would
read as under:
' 17 . In our view, whatever be the situation, it is of
no use to keep such seized vehicles at the police stations
9 / 14
__________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/11/2026 11:23:02 am )
CRL RC(MD) No. 1685 of 2026
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.'
………..
19 . For articles such as seized liquor also, prompt
action should be taken in disposing of it after preparing
necessary panchnama. If sample is required to be taken,
sample may be kept properly after sending it to the
chemical analyser, if required. But in no case, large
quantity of liquor should be stored at the police station.
No purpose is served by such storing.
20 . Similarly for the Narcotic drugs also, for its
identification, procedure under Section 451 Cr.P.C.
should be followed of recording evidence and disposal.
Its identity could be on the basis of evidence recorded by
the Magistrate. Samples also should be sent immediately
to the Chemical Analyser so that subsequently, a
contention may not be raised that the article which was
seized was not the same.
(12) It is therefore clear that even seized liquors can be disposed
of as under S.497 BNSS after preparing necessary panchnama and
after taking necessary samples.
10 / 14
__________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/11/2026 11:23:02 am )
CRL RC(MD) No. 1685 of 2026
(13) Resultantly, this court, considering the nature of the
properties being liquor bottles, is inclined to dispose of such properties
in such terms as detailed hereunder, and this point is answered,
accordingly.
14. Before parting with, as a word of caution, this court would
like to make it clear that any observation/finding given by this court in
this order shall not influence the decision of the case concerned and
that the parties shall not be entitled to make use of any such
observation/finding in any way in the case concerned.
15. In the result,
(1) that this criminal revision petition filed by the revision
petitioner/ petitioner/A4 is hereby allowed,
(2) that the order dated 06.07.2026 of the Judicial Magistrate II
(FAC), Kuzhithurai, in Crl MP No.304/2026 is hereby reversed,
(3) that the criminal miscellaneous petition in Crl MP
No.304/2026 on the file of the Judicial Magistrate II (FAC),
Kuzhithurai, is hereby allowed, disposing of the properties, the liquor
bottles concerned, on the condition that the revision
11 / 14
__________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/11/2026 11:23:02 am )
CRL RC(MD) No. 1685 of 2026
petitioner/petitioner/A4 shall execute a bond for a sum of
Rs.10,00,000/- with two sureties for the like sum each to the
satisfaction of the Judicial Magistrate II (FAC), Kuzhithurai,
(4) that the Judicial Magistrate II (FAC), Kuzhithurai, if not
complied with as yet, shall comply with such requirements as
mandated in S.497 BNSS, within two weeks from the date of receipt of
this order, and
(5) that the Judicial Magistrate II (FAC), Kuzhithurai, is hereby
directed to deliver the properties concerned to the revision
petitioner/petitioner/A4 only after the compliance by the revision
petitioner/petitioner/A4 of the aforesaid condition.
3.0.10.2026
Index : Yes / No
Neutral Citation : Yes / No
gns
12 / 14
__________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/11/2026 11:23:02 am )
CRL RC(MD) No. 1685 of 2026
To
1.The Judicial Magistrate II (FAC),
Kuzhithurai.
2.The Inspector Of Police,
Kollencode Police Station,
Knyakumari District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
13 / 14
__________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/11/2026 11:23:02 am )
CRL RC(MD) No. 1685 of 2026
B.MURUGESAN, J.
gns
Order made in
CRL.RC.(MD)No.1685 of 2026
30.10.2026
14 / 14
__________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/11/2026 11:23:02 am )