V.Manokar, v. Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.06.2019

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE C.SARAVANAN Writ Petition No.13106 of 2019 V.Manokar

...Petitioner

Vs *The Inspector of Police, Kadampuliyur, Cuddalore District (cr.No.495/2018) ... Respondent Writ Petition filed under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the respondent police to release the petitioner's bullock cart vehicle and hand over it to the petitioner. For Petitioner :

Mr.A.T.Anbu Kumar For Respondent :

Mr.E.Balamurugan Special Government Pleader

O R D E R

[Order was delivered by R.SUBBIAH,J] The petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus, directing the respondent police to release the petitioner's bullock cart vehicle and hand over it to the petitioner.

2. Heard learned counsel for the petitioner and learned Special Government Pleader for the respondent.

3. According to the petitioner, the respondent has seized the vehicle in question on 07.12.2018 on the ground of illegal carrying of river sand, and till date, no order for release of the said vehicle had been passed by the respondent. Hence, he has come forward with the present Writ Petition.

4. On the other hand, it is submitted by learned Special Government Pleader for the respondent that the vehicle in question was used for illegal transportation of mines and minerals like river sand and hence, the vehicle was seized. He would further submit that the petitioner has no previous case.

5. In any event, as the vehicle is under the custody of the respondent from the date of seizure and considering the fact that if the same is allowed to be kept idle by exposing the same to rain and shine, it would certainly diminish their value, this Court is of the view that the vehicle in question may be released by imposing conditions on the petitioner.

6. Accordingly, the respondent is directed to release the vehicle in question to the petitioner within a period of 7 days from the date of compliance of the below mentioned condition Nos.(i) to (iii):

(i)The petitioner shall deposit a sum of Rs.2,000/- (Rupees Two Thousand only) before the jurisdictional Tahsildar concerned as non-refundable deposit. After receipt of the above said amount, the same will have to be deposited by the jurisdictional Tahsildar concerned, to the credit of the District Mines and Minerals Foundation Trust as non-refundable deposit.

(ii)The petitioner shall execute a personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the concerned jurisdictional Judicial Magistrate.

(iii)The petitioner shall give an undertaking before the respondent/authority concerned stating that he will not use the vehicle in question for any illegal activities in future and shall produce the same as and when required by the respondents and also the trial Court, failing which the respondent/trial Court is/are at liberty to confiscate the vehicle.

(iv)The petitioner shall not alienate the vehicle in question till the disposal of the proceedings before the authority concerned.

(v)The petitioner is also directed to participate in the enquiry to be conducted by the respondent.

With the above observations and directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(Insp.Cell) Dated:28/06/2019 *(Amended as per order dated 04/10/2019 in WMP No.28465/2019 in WPNo.13106) *Sd/- Assistant Registrar(II) Dated:15/10/2019 //True Copy// Sub Assistant Registrar av To To be substituted for the orders already despatched *The Inspector of Police, on 02/07/2019 Kadampuliyur, Cuddalore District (cr.No.495/2018) +1cc to the Government Pleader, S.R.No.50214 Writ Petition No.13106 of 2019 RRS(28/06/2019) GMY(16/10/2019)