SIVAKUMAR Vs. STATE

JUDGEMENT

(1.) This Criminal Revision has been filed against the order of the Judicial Magistrate No.I, Ulundurpet in C.M.P.No.3390 of 2022, dtd. 26/9/2022, in and by which the prayer of the petitioner for interim custody of the vehicle of the petitioner being lorry bearing registration No.TN 48 U 2630 is rejected by the learned Judicial Magistrate.

(2.) Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent.

(3.) Apprehending that the petitioner may again involve in a similar offence the learned Judicial Magistrate has rejected the prayer. I am of the view that for the mere apprehension of the vehicle in the repeated offence, the vehicle cannot be allowed to rot and kept wasted and the said apprehension can be overcome by imposing appropriate conditions and therefore, the petitioner, being the lawful owner of the vehicle, is entitled to return of the vehicle on the following terms:-