M Nirmal Kumar, J. - (1.)The petitioner, who is the owner of the vehicle viz., Mahindra XUV, bearing registration number TN 04 AP 5124, filed a petition in C.M.P.No.822 of 2020 for return of vehicle, which was seized in connection with Crime No.1514 of 2020. The learned Judicial Magistrate No.II, Poonamallee, by order dated 07.09.2020, dismissed the petition, against which the petitioner before this Court.
(2.)The case of the prosecution is that on 16.06.2020, at about 09.00 a.m., the Special Sub Inspector of Police attached to the respondent Police Station along with his team conducted road check near Thirumazhisai. At that time, the vehicle/car bearing registration number TN 04 AP 5124 was signalled to stop, but the driver did not stop the vehicle and the Police chased the vehicle and stopped it. When the Police questioned the driver, he disclosed his identify as Santhosh, residing at Indira Nagar, Koodapakkam, Thiruvallur District. When his bag was searched, it was found that 65 bottles of cordinal brandy were found. When the same was questioned, the driver Santhosh confessed that he was transporting the bottles for selling at higher price for gain. The driver Santhosh was arrested and the brandy bottles were seized and the car was also taken into custody by the respondent Police. Thereafter, the respondent Police registered an FIR in Crime No.1514 of 2020, for offence under Section 4(1)(a) of the Tamil Nadu Prohibition Act, 1937.
(3.)The learned counsel for the petitioner submitted that the petitioner is the owner of the vehicle viz., Mahindra XUV, bearing registration number TN 04 AP 5124, Engine Number HJF4A 11814 and Chassis Number MA1YT2HJUF6A12591 and one Santhosh is a Driver. The driver Santhosh misused the vehicle of the petitioner, without his knowledge. On coming to know about the seizure of the vehicle by the respondent Police, the petitioner filed a petition under Section 451 r/w 457 Cr.P.C on 11.07.2020, before the learned Principal District and Sessions Judge, Thiruvallur, which was returned. Thereafter, the petitioner filed Crl.O.P.No.10952 of 2020 before this Court and this Court by order dated 23.07.2020, permitted the petitioner to file a fresh petition for return of vehicle. The petitioner filed Crl.M.P.No.822 of 2020 before the learned Judicial Magistrate No.II, Poonamallee, on the ground that the petitioner was need of his vehicle for daily use. In support of the ownership of the vehicle, the petitioner produced relevant documents along with affidavit. Since the Assistant Public Prosecutor filed his objection that the investigation is yet to be completed and no Court has power to return the property as interim custody and the confiscation proceedings was initiated, the learned Judicial Magistrate No.II, Poonamallee, dismissed the petition, citing the guidelines issued in the case of "David V. Shakthivel, Inspector of Police cum-Station House Officer, dated 08.01.2010 in Contempt Petition No.1156 of 2020."