R.Anbarasan v. The Addl Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :22.06.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.8799 of 2020 R.Anbarasan (36 years) S/o. Ragu, No.122 N.A, Poonga Nagar, Teachers Nagar, Tiruvallur, Tiruvallur District.

(Crime No.1388 of 2020) ...Petitioner Vs.

1. The Addl Superintendent of Police Prohibition Enforcement Wing Tiruvallur District.

2. The Inspector of Police Tirutani Police Station, Tiruvallur District. ...Respondent Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the second respondent to release the vehicle S-cross smart Hybrid Zeta car bearing Registration Number TN 04 AU 9018.

For Petitioner :

Mr.N.Baskaran For Respondents :

Mr.M.Mohamed Riyaz, Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the second respondent to release the vehicle S-cross smart Hybrid Zeta car bearing Registration Number TN 04 AU 9018.

2. The case of the prosecution is that the petitioner was carrying four bottles of Richman brandi 180ml, six bottles of Topstar quarter 180ml and two bottles of beer. Thereafter, the second respondent police have registered a case in Crime No,.1388 of 2020, dated 16.05.2020.

3. Heard the learned counsel appearing for the petitioner https://hcservices.ecourts.gov.in/hcservices/

and the learned Additional Public Prosecutor appearing for the respondent police.

4. This petition cannot be entertained directed by this Court to release the vehicle, which was seized by the second respondent police in pursuant to Crime No.1388 of 2020 for the offence under Section 4(1)(a) of Tamil Nadu Prohibition Act.

5. Considering the facts and circumstances of the case, this Court directs the second respondent to deposit the vehicle S-cross smart Hybrid Zeta car bearing Registration Number TN 04 AU 9018 before the Concerned Jurisdictional Magistrate Court within one week from the date of receipt of copy of this order. The petitioner is at liberty to file an appropriate petition before the concerned Jurisdictional Magistrate Court for return of vehicle. Further, on receipt of the said application if any filed by the petitioner, the Jurisdictional Magistrate concerned is directed to dispose of the said application within one week on merits and in accordance with law.

6. With the above directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar msrm To 1.The Addl Superintendent of Police Prohibition Enforcement Wing Tiruvallur District.

2.The Inspector of Police Tirutani Police Station, Tiruvallur District.

3.The Public Prosecutor, Madras High Court, Chennai.

Crl.O.P.No.8799 of 2020 BS(CO) RN(06/07/2020) https://hcservices.ecourts.gov.in/hcservices/