Crl.R.C.No.519 of 2008 and Crl.M.P.No.1 of 2008. Case: V. Boopathy Vs State By Inspector of Police, Tiruppur. High Court of Madras (India)

Case NumberCrl.R.C.No.519 of 2008 and Crl.M.P.No.1 of 2008
CounselS. Kamadevan, R.Muniyapparaj
JudgesR. Regupathi, J.
IssueImmoral Traffic (Prevention) Act, 1956 - Sections 4(2)(c), 8(b)
Judgement DateJanuary 07, 2009
CourtHigh Court of Madras (India)

Judgment:

R. Regupathi, J.

The Order of the Court was as follows:

  1. The petitioner, claiming that he is the owner of a Maruthi Car bearing Registration No.TN.23Y-9099, preferred a petition in C.C No.127 of 2007 on the file of Judicial Magistrate No.I, Erode. The offence was registered under Secs.4(2)(c) and 8(b) of Immoral Traffic (Prevention) Act, 1956 against three accused on the allegation that they have solicited the witnesses for prostitution.

  2. Pending proceedings, the accused admitted the offence and therefore, they were convicted and sentenced to pay a fine of Rs.750/-each. Under such circumstances, the petitioner, claiming that he is not an accused in the case and also claiming to be the owner of the car, preferred a petition for return of the car and while refusing to entertain such petition, the learned Magistrate directed the State to initiate proceedings to confiscate the vehicle. An appeal has been preferred and the same has been dismissed and under such circumstances, the present criminal revision has been filed.

  3. The learned counsel for the petitioner submits that the accused in this case took away his vehicle without informing the purpose of its use and therefore, he does not have any knowledge about the offence committed and submitted that at any rate the vehicle may not be confiscated.

  4. Per contra, the learned Government Advocate (Crl.Side) submits that all the three accused were sitting inside the car and solicited for commission of the offence and therefore, the order passed by the Courts below are well founded.

  5. I have perused the materials available on record and heard...

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