'Keeping Tipper Lorry Idle Serving No Purpose' : Supreme Court Allows Release Of Vehicle Seized In 2021

The Supreme Court ordered the release of a TATA Tipper Lorry seized in September 2021 in connection with a criminal case in Tamil Nadu observing that keeping the vehicle idle was not in anyone's interest as it occupied public space within the Magistrate Court complex

A bench of Justice Hrishikesh Roy and Justice SVN Bhatti observed –

“Keeping a vehicle like a Tipper Lorry idle is not serving anybody's interest. It is resulting in damage to the stationary vehicle which is kept within the Magistrate Court complex. Public spaced is also occupied.”

The petitioner, who is the registered owner of the lorry, is accused in a case initially under Sections 294(b), 323, 379, and 506(ii) of the IPC registered at Police Station Karimangalm. His application for the release of the lorry, filed under Section 451 of the CrPC, was initially rejected by the Sessions Court on January 22, 2022, due to the ongoing investigation.

He challenged this order in the Madras HC. The prosecution informed the HC that provisions under the Mines and Minerals Act have been invoked against the petitioner.

The Madras High Court dismissed the petitioner's revision application against the sessions court order on March 25, 2022, noting that confiscation proceedings are provided under the Mines and Minerals (Development and Regulation) Act, 1957. Further, the HC observed that the petitioner may tamper with the witness and hamper the investigation if the lorry is handed over to him.

Thus, the petitioner filed the present SLP before the Supreme Court.

The Supreme Court deemed it appropriate to release the TATA Tipper Lorry, subject to certain conditions:

1. The petitioner must furnish a bond of Rs. 5,00,000 to the satisfaction of the Trial Court.

2. The petitioner must undertake to produce the vehicle before the Court as and when required.

3. The petitioner must not create any third-party rights for the vehicle in question.

With these conditions, the Supreme Court allowed the special leave petition to the extent indicated, enabling the release of the lorry from custody.

Senior Advocate Haripriya Padmanabhan appeared for the petitioner and Advocate D. Kumanan appeared for the State of Tamil Nadu.

Case no. – Special Leave to Appeal (Crl.) No. 7262/2023

Citation : 2024 LiveLaw (SC) 498

Case Title – Perichi Gounder v. State of Tamil Nadu