Jurisdiction for Release of Seized Vehicle Lies with the Jurisdictional Magistrate, Not Sessions Court: Madurai Bench of Madras High Court

In a significant ruling, the Madurai Bench of the Madras High Court has set aside an order by the Principal Sessions Judge, Tirunelveli, stating that the jurisdiction for the release of a seized vehicle lies with the Jurisdictional Magistrate and not the Sessions Court. This decision was pronounced by the Honourable Mr. Justice P. Vadamalai in the case of Jagan vs. State (Crl.R.C(MD)No.534 of 2023).

Legal Point of the Judgment: The Court's decision focuses on the appropriate jurisdiction for filing an application for the release of a seized vehicle. The Court held that such applications should be made to the Jurisdictional Magistrate, as per the legal framework established by Section 21(4-A) of the MMDR Act, 1957.

Facts and Issues of the Case: The petitioner, Jagan, sought to set aside an order dated 19.10.2022 by the Principal Sessions Judge, Tirunelveli, regarding the return of his tractor and trailer, which were seized by the police in connection with a case of illegal sand transportation. The Sessions Court dismissed the petitioner's request, leading to the present revision in the High Court.

Court's Assessment: Justice Vadamalai extensively referred to the precedent set in the case of Ramar vs. The State and various Supreme Court decisions, including Pradeep S. Wodeyar vs. State of Karnataka. The Court observed that the legal position clearly indicates that an application for the release of a vehicle lies only with the Jurisdictional Magistrate, not the Sessions Court. The Court emphasized the empowered role of the Magistrate under Section 21(1) of the MMDR Act, thereby aligning with the precedent decisions.

Decision of the Judgment: The High Court set aside the order of the Principal Sessions Judge, Tirunelveli, and granted liberty to the petitioner to approach the Jurisdictional Judicial Magistrate for the interim custody of the vehicle. The Court directed the Magistrate to decide on the matter within two months from the date of filing the petition, adhering to the legal provisions.

Date of Decision: March 1, 2024

Jagan vs. State