Arunkumar vs State Of Tamilnadu Rep By Th
- Court
- Madras High Court
CRL.RC(MD)No.1544 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved On: 12.10.2026
Delivered On: 30.10.2026
CORAM:
THE HONOURABLE MR.JUSTICE B.MURUGESAN
CRL RC(MD) No. 1544 of 2026
CNR:{HCMD011254632026}
Arunkumar ... Petitioner
Vs.
1. State Of Tamilnadu Rep By The Sub-Inspector Of
Police, Thiruchuli
Police Station,
Virudhunagar District.
In Cr. No. 203 of 2026.
2.Mahalingam ... Respondent
PRAYER: Criminal Revision filed under Sections 438 & 442 BNSS to
call for the records and set aside the order passed in Cr.M.P.No.300 of
2026 on the file of the learned District Munsif cum Judicial Magistrate,
Thiruchuzhi, Virudhunagar District pertaining to Cr.No.203 of 2026 on
the file of the first respondent police and direct the first respondent to
grant the interim custody of the petitioner’s vehicle (Tractor with Trailer)
bearing Registration No.TN-65AL-9895 to the petitioner by allowing this
revision.
For Petitioner : Mr.A.Karthigaivel
For Respondent : Mrs.V.Moushica,
Counsel for State of TN(Crl.Side)
__________
Page 1/ 15
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/11/2026 11:23:02 am )
CRL.RC(MD)No.1544 of 2026
ORDER
Heard and admitted.
02. With the consent of both parties, this criminal revision was
taken up for final hearing on 12.10.2026.
03. Claiming an order setting aside the dismissal order dated
21.08.2026 of the District Munsif cum Judicial Magistrate,
Thiruchuzhi, hereinafter referred to as ‘the trial court’ for the sake of
brevity, passed in Crl MP No.300/2026, an application filed by the
revision petitioner/ petitioner/owner of the vehicle under S.497 and
S.503 BNSS for an order granting him interim custody of a vehicle,
Tractor with Trailer, bearing registration number TN 65 AL 9895,
involved in Cr No.203/2026 under S.303(2) BNS and S.21(1) MMDR
Act on the file of Thiruchuzhi Police Station, the revision
petitioner/petitioner/owner of the vehicle 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
respondents', unless the context otherwise requires.
__________
Page 2/ 15
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/11/2026 11:23:02 am )
CRL.RC(MD)No.1544 of 2026
05. Sans minute details, the case of the revision petitioner in the
trial court is that a vehicle, Tractor with Trailer, bearing registration
number TN 65 AL 9895, is said to have involved in Cr No.203/2026
under S.303(2) BNS and S.21(1) MMDR Act on the file of
Thiruchuzhi Police Station, that in pursuance of such registration of the
criminal case, the aforesaid property has been seized by the respondent
police, that the aforesaid property is now in the custody of the
respondent police but without proper care or maintenance, that the
aforesaid property, if left idle without proper maintenance, would
become useless and ruined and that therefore, the interim custody of
the aforesaid property needs to be granted to the revision petitioner
being its owner.
06. Bereft of unnecessary details, the case of the revision
respondent in the trial court is that if the property concerned is returned
to the revision petitioner, it would be used for the commission of
similar offence or it might be sold by the revision petitioner and that
therefore, this criminal miscellaneous petition seeking such interim
custody of the property concerned deserves for dismissal.
__________
Page 3/ 15
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/11/2026 11:23:02 am )
CRL.RC(MD)No.1544 of 2026
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.300/2026 on the finding that the
RC Book of the vehicle stands in the name of some other person, that
this is a case registered under MMDR Act, that the investigation is still
pending and that if the property concerned is returned to the revision
petitioner, it would be used for the commission of similar offence or it
might be sold by the revision petitioner.
09. Heard both sides, and perused all material records.
10. Learned counsel for the revision petitioner would submit that
the dismissal of the claim of interim custody of the property is not only
against law but also against the settled principles on such grant of
interim custody of the vehicles, 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
__________
Page 4/ 15
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/11/2026 11:23:02 am )
CRL.RC(MD)No.1544 of 2026
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 property concerned.
st
11. Learned counsel for the State (Crl Side) appearing for the 1
revision respondent would submit that this is a case registered under
MMDR Act, that the investigation is still pending, that if the property
concerned is returned to the revision petitioner, it would be used for
the commission of similar offence or it might be sold by the revision
petitioner, that therefore, the order of the trial court is lawful and
perfect and that therefore, this criminal revision petition deserves for
dismissal in limine .
nd
12. Learned counsel appearing for the 2 revision respondent, by
nd
filing the affidavit of the 2 revision respondent, would submit that the
nd
2 revision respondent has sold the vehicle concerned to the revision
petitioner, handed over the possession thereof to the revision petitioner
and signed the necessary documents for the transfer of ownership.
__________
Page 5/ 15
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/11/2026 11:23:02 am )
CRL.RC(MD)No.1544 of 2026
13. 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 21.08.2026 of
the trial court in Crl MP No.300/2026, an application filed
by the revision petitioner/ petitioner/ owner of the vehicle
under S.497 and S.503 BNSS for an order granting him
interim custody of a vehicle, Tractor with Trailer, bearing
registration number TN 65 AL 9895, involved in Cr
No.203/2026 under S.303(2) BNS and S.21(1) MMDR Act
on the file of Thiruchuzhi Police Station,as prayed for?
14. The Point
(1) S.497 BNSS deals inter alia with the custody 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.
__________
Page 6/ 15
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/11/2026 11:23:02 am )
CRL.RC(MD)No.1544 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.
__________
Page 7/ 15
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/11/2026 11:23:02 am )
CRL.RC(MD)No.1544 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.
(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.
…………..
…………..
__________
Page 8/ 15
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/11/2026 11:23:02 am )
CRL.RC(MD)No.1544 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) A vehicle is said to have involved in this case on hand and
accordingly, the aforesaid property has been seized by the police.
(7) On careful study on the order dated 21.08.2026 of the trial
court passed in Crl MP No.300/2026, this court finds that the trial court
has dismissed the aforesaid application filed under S.497 BNSS on the
ground that the RC Book of the vehicle stands in the name of some
__________
Page 9/ 15
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/11/2026 11:23:02 am )
CRL.RC(MD)No.1544 of 2026
other person, this is a case registered under MMDR Act, that the
investigation is still pending and that if the property concerned is
returned to the revision petitioner, it would be used for the commission
of similar offence or it might be sold by the revision petitioner.
nd
(8) By filing an affidavit, the 2 revision respondent would
admit that he has sold the vehicle concerned to the revision petitioner,
handed over the possession thereof to the revision petitioner and signed
the necessary documents for the transfer of ownership.
(9) 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
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.'
__________
Page 10/ 15
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/11/2026 11:23:02 am )
CRL.RC(MD)No.1544 of 2026
(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 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) Incidentally, this court would like to refer to the recent
decision of the Hon'ble Supreme Court in R.Manimaran V State of
Tamil Nadu (2026 INSC 946) , where it has been held as under:
13. It cannot be forgotten that the vehicle kept in the
custody of the Police or the Court, during the pendency of
the trial, may deteriorate and become unusable in the long
run.
(12) It is therefore clear that keeping a vehicle involved in an
offence, either in police station or in court, for a long time is not
__________
Page 11/ 15
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/11/2026 11:23:02 am )
CRL.RC(MD)No.1544 of 2026
warranted and that an application seeking the interim custody of the
vehicle needs to be dealt with judiciously and expeditiously, regardless
of the fact that the applicant is the accused in the offence concerned.
(13) No confiscation proceedings are reported to have been
initiated against the vehicle concerned.
(14) Resultantly, this court holds that the revision petitioner is
entitled to get the interim custody of the vehicle in such terms as
detailed hereunder, and this point is decided accordingly.
15. In the result,
(1) that this criminal revision petition filed by the revision
petitioner/ petitioner/owner of the vehicle is hereby allowed,
(2) that the order dated 21.08.2026 of the District Munsif cum
Judicial Magistrate, Thiruchuzi, in Crl.MP.No.300/2026 is hereby
reversed,
(3) that the criminal miscellaneous petition in
Crl.MP.No.300/2026 on the file of the District Munsif cum Judicial
Magistrate, Thiruchuzhi, is hereby allowed but on the conditions,
__________
Page 12/ 15
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/11/2026 11:23:02 am )
CRL.RC(MD)No.1544 of 2026
(i) that the revision petitioner/petitioner/owner of the
vehicle shall execute a bond for a sum of Rs.1,00,000/- with two
sureties for the like sum each to the satisfaction of the District
Munsif cum Judicial Magistrate, Thiruchuzhi,
(ii) that the revision petitioner/petitioner/owner of the
vehicle shall file into the court of the District Munsif cum
Judicial Magistrate, Thiruchuzhi, the photographs showing all
the four sides of the vehicle along with the original registration
certificate, and
(iii) that the revision petitioner/petitioner/owner of the
vehicle, in view of the prayer of ‘interim custody’, shall execute
an undertaking, in the form of an affidavit, before the District
Munsif cum Judicial Magistrate, Thiruchuzhi, to the effect that
he shall produce the vehicle, as it is , before the court as and
when directed,
(4) that the District Munsif cum Judicial Magistrate,
Thiruchuzhi, is hereby directed to hand over the vehicle concerned to
the revision petitioner/ petitioner/owner of the vehicle only after the
compliance by the revision petitioner/petitioner/owner of the vehicle of
the aforesaid conditions.
30.10.2026
Index : Yes / No
Neutral Citation : Yes / No
gns
__________
Page 13/ 15
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/11/2026 11:23:02 am )
CRL.RC(MD)No.1544 of 2026
To
1.The District Munsif cum Judicial Magistrate, Thiruchuzhi,
2.The Sub-Inspector Of Police,
ThiruchuliPolice Station,
Virudhunagar District.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
__________
Page 14/ 15
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/11/2026 11:23:02 am )
CRL.RC(MD)No.1544 of 2026
B.MURUGESAN, J.
gns
Order made in
CRL.RC.(MD)No.1544 of 2026
30.10.2026
__________
Page 15/ 15
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/11/2026 11:23:02 am )