Case Note & Summary
The petitioner, Sridhar, filed a Criminal Revision Case under Section 438 read with Section 442 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, challenging the dismissal of his application for the return of his vehicle (Tractor and Trailer bearing Registration No. TN 32 X 2845). The vehicle was seized during investigation of Crime No.24/2025 registered for offences under Sections 281, 121(a), and 106(1) of the Bharatiya Nyaya Sanhita (BNS), 2023. The prosecution alleged that the defacto complainant, his wife, and son were involved in a road accident where a private bus driven by Raj Kumar struck their vehicle, causing them to fall, and then the petitioner's tractor, driven by Santhosh Kumar, struck the complainant's wife, who later died. The petitioner argued that the primary cause was the bus's rash overtaking and that the tractor driver lost control due to the sudden event. The Motor Vehicle Inspector had inspected the vehicle and submitted a report. The petitioner applied for release before the Judicial Magistrate No.1, Kallakurichi, in Crl MP No.292/2025, which was dismissed on the ground that the vehicle was not produced through Form-95 or a seizure warrant. The Government Advocate submitted that the vehicle was handed over directly to the MVI and not officially produced before the Court. The High Court noted that the police withheld release primarily because the tractor was not formally registered with the RTO. However, the Court observed that Section 207 of the Motor Vehicles Act, 1988, empowers seizure of vehicles driven without proper registration and provides a remedy under Section 207(2) for the owner to apply to the Transport Authority. The Court allowed the revision, set aside the Magistrate's order, and directed release of the vehicle to the petitioner on conditions: execution of a bond for Rs. 2,00,000, furnishing two sureties, undertaking to produce the vehicle as and when required, and not to alienate or alter the vehicle. The petitioner was also directed to approach the RTO for registration and pay necessary taxes.
Headnote
A) Criminal Procedure - Interim Custody of Vehicle - Seizure without Formal Production - The vehicle was seized during investigation but not produced before the Magistrate through Form-95 or seizure warrant; the Magistrate dismissed the application for release on that ground. The High Court held that the vehicle can be released on conditions, and the lack of formal production is not an absolute bar. (Paras 1-6) B) Motor Vehicles Act - Unregistered Vehicle - Section 207 - Remedy - Section 207 of the Motor Vehicles Act, 1988 empowers authorities to seize vehicles driven without proper registration, and Section 207(2) provides a remedy for the owner to apply to the Transport Authority. The High Court directed the petitioner to approach the RTO for registration and to pay necessary taxes. (Paras 6-7) C) Criminal Procedure - Release of Vehicle - Conditions - The High Court allowed the revision, set aside the Magistrate's order, and directed release of the vehicle to the petitioner on conditions: execution of a bond for Rs. 2,00,000, furnishing two sureties, undertaking to produce the vehicle as and when required, and not to alienate or alter the vehicle. (Para 7)
Issue of Consideration
Whether the vehicle seized during investigation can be released to the owner pending trial, especially when the vehicle is not formally registered and was not produced before the Magistrate through Form-95 or seizure warrant.
Final Decision
The Criminal Revision Case is allowed. The order dated 24.02.2025 in Crl.M.P.No.292/2025 on the file of the Learned Judicial Magistrate No.I, Kallakurichi, is set aside. The vehicle bearing Registration No. TN 32 X 2845 (Tractor with Tipper) is ordered to be released to the petitioner on the following conditions: (i) The petitioner shall execute a bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties each for a like sum to the satisfaction of the trial Court; (ii) The petitioner shall give an undertaking that he will produce the vehicle as and when required by the Court; (iii) The petitioner shall not alienate or alter the vehicle in any manner pending trial; (iv) The petitioner is directed to approach the concerned RTO for registration of the vehicle and pay necessary taxes as per law.
Law Points
- Interim custody of vehicle
- Seizure without formal production before Magistrate
- Section 207 Motor Vehicles Act
- 1988
- Unregistered vehicle
- Release on conditions
