MUTHU PANDIAN Vs. STATE

JUDGEMENT

(1.) THE owner of the vehicle standard van, bearing registration No. TDT. 7569 was preferred the above revision against the judgment of the learned First Additional Sessions Judge, Tirunelveli, made in C. A. No. 79 of 1989 dated 7. 9. 1989 rejecting the appeal and confirming the order passed by the Judicial Magistrate No. IV, Tirunelveli in C. C. No. 1226 of 1986.

(2.) THE short facts which lead to the filing of the present revision, as culled out from the records of both the courts are stated as follows: In the main road leading to Shanmughapuram, situate near Vembar at about 5. 00 p. m. on 11. 3. 1986 when the Prohibition and Enforcement Wing of the tamil Nadu Police intercepted a van driven by one of the accused by name sankar, it was found that without any valid permit or licence they were transporting toddy which was in 13 plastic cans and therefore the said contraband along with the van was recovered under the cover of mahazar and the accused were arrested and after they have duly investigated, a final report, was filed before the learned trial Magistrate and upon the full trial, the accused were found guilty and accordingly they were convicted and sentenced to undergo imprisonment for 6 months and a fine of Rs. 2,000 each.

(3.) THUS, the revision is allowed partly, and the order passed by the learned Sessions Judge, Tirunelveli in C. A. No. 79 of 1989, dated 7. 9. 1989 and the judgment of the trial court regarding confiscation are hereby set aside and the matter has been remitted back to the learned Judicial magistrate No. IV, Tirunelveli to conduct a fresh enquiry regarding the vehicle involved as indicated above and in accordance with the procedure and law as pointed out above, within a period of two months from the date of receipt of this order. .