19 July 2024 FIR >> Criminal Law  

In a recent legal development of Perichi Gounder v/s Tamil Nadu State, the court has ordered the release of a TATA Tipper Lorry (TN 29BF 4914) that was seized following the registration of FIR No. 478/2021 at the Karimangalm Police Station. The vehicle, which has been in the court's custody since September 2021, will be returned to its registered owner, the petitioner, under specific conditions.

The petitioner, who sought the release of the lorry, had previously filed an application under Section 451 of the Criminal Procedure Code (Cr.P.C.), which was denied by the Sessions Court on January 22, 2022. The court's refusal was based on the grounds that the investigation into the case had not yet concluded.

The petitioner’s challenge to this decision was subsequently rejected in an impugned order dated March 25, 2022. In this order, the court highlighted that proceedings for the confiscation of the vehicle fall under the purview of the Mines and Minerals Act of 1957.

During a recent hearing, the counsel for both parties presented their arguments before the court. The court noted that keeping a large vehicle like a Tipper Lorry idle not only results in potential damage but also occupies valuable public space within the Magistrate Court complex.

In light of these considerations, the court decided it was in the best interest to release the vehicle. The release is contingent upon the petitioner furnishing a bond of Rs. 5,00,000 (Rupees five lakhs) to the satisfaction of the Trial Court. Additionally, the petitioner must provide an undertaking that the lorry will be made available to the court upon request and that no third-party rights will be created for the vehicle.

With this decision, the special leave petition has been granted to the extent outlined, and any pending applications have been disposed of accordingly.

  Mines and Minerals (Development and Regulation) Act, 1957