C.Jayavel v. The State,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 30.04.2019 Coram The Hon'ble Mr.Justice R.Subbiah and The Hon'ble Mr.Justice Krishnan Ramasamy Writ Petition No.13025 of 2019 C. Jayavel
...Petitioner
Vs.
The State, rep. By Inspector of Police, Pudupalayam Police Station, Tiruvannamalai District.
...Respondent
Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, directing the respondent to release the petitioner's Tractor, bearing its Registration No. TN 25 BA 3427, Chassis Number NKZB00257, and Engine Number, NKZB00257, with its trailer in accordance with law.
For Petitioner :
Mr.S.Panneer Selvam For Respondent :
Mr.J.Pothiraj, 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 to release his Tractor, bearing its Registration No. TN 25 BA 3427, Chassis Number NKZB00257, and Engine Number, NKZB00257, with its trailer in accordance with law.
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 29.10.2018 on the ground of illegal transportation of morambu, and registered a case in Crime No.614 of 2018. Since the vehicle is under the
custody of the respondent and till date, no order for release of the said vehicle had been passed by the respondent, he has come forward with the present Writ Petition seeking for release of the vehicle, as the Vehicle is the only source of income and it was not at all involved in any illegal transportation as alleged by the respondent.
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 morambu and there is no valid permit and hence, the vehicle was seized.
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 sun, it would certainly diminish their value, this Court is of the view that the vehicle in question may be released by imposing certain 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 condition Nos. (i) to (iii), which are mentioned below:
(i)The petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten 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 respondents.
With the above observations and directions, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar sd To Inspector of Police, Pudupalayam Police Station, Tiruvannamalai District.
+1cc to Mr.S.Panneer Selvam , Advocate SR.No. 2858 +1 cc to Government Pleader Sr.No.433274 Writ Petition No.13025 of 2019 A.SK(16/05/2019)