Manivannan v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.03.2022 CORAM :

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA W.P.No.4051 of 2022 Manivannan ... Petitioner Vs.

1. The State rep. by Additional Superintendent of Police CWC, Krishnagiri District

2. The Inspector of Police, Prohibition Enforcement Wing, Hosur, Krishnagiri District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Certiorari or any other appropriate writ, order or direction in the nature of writ, to call for the records of the proceeding order passed by the 1st respondent vide proceeding order number C.No.111/CONF/ADSP/CWC/KGI/2021 dated 13.10.2021 and quash the same and return the petitioner's bearing registration number vehicle(KA 05 AE 7881) to the petitioner (Indica Car).

For Petitioner :

Mr.S.Nambirajan For Respondents :

Mr.A.Gokulakrishnan Additional Public Prosecutor.

O R D E R

The Writ Petition has been filed to call for the records of the proceeding order passed by the first respondent vide proceeding order number C.No.111/CONF/ADSP/CWC/KGI/2021 dated 13.10.2021 and quash the same and return the petitioner's vehicle (Indica Car) bearing Registration No. KA-05-AE7881 to the petitioner.

2. Heard the learned Counsel appearing for the petitioner https://hcservices.ecourts.gov.in/hcservices/

and the learned Additional Public Prosecutor appearing for the respondents.

3. Learned Additional Public Prosecutor submitted that the petitioner's vehicle was seized by the second respondent in connection with the Crime No.408 of 2021, registered for offence under Sections 4(1)(a) r/w 4(1-A) of Tamil Nadu Prohibition Act, for having illegally transported 192 bottles of liquor each contains 180 ml. In accordance with the procedure, the first respondent issued a Show Cause Notice to the petitioner and the petitioner has also given a reply to the same. In such circumstances, the writ petition seeking to quash the impugned show cause notice is not maintainable. He would further submit that the respondent has also given a reply and he has to appear for enquiry.

4. In view of the above, the Writ Petition stands disposed of with the direction to the first respondent to consider the reply given by the petitioner and conduct the enquiry and pass appropriate orders. However, there shall be no order as to costs.

Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar nr/ham To

1. The Additional Superintendent of Police CWC, Krishnagiri District

2. The Inspector of Police, Prohibition Enforcement Wing, Hosur, Krishnagiri District.

3. The Public Prosecutor, High Court of Madras.

+1cc to Mr.S.Nambirajan, Advocate, S.R.No.13246 W.P.No.4051 of 2022 BR(CO) SU(17/03/2022) https://hcservices.ecourts.gov.in/hcservices/