Fathaur Rabhani, v. The Assistant Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.06.2019
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE C.SARAVANAN Writ Petition No.14649 of 2019 Fathaur rabhani
...Petitioner
Vs
1. The Assistant Director, Department of Geology and Mining, Namakkal District.
2. The Tasildhar, Namakkal, Namakkal District.
3. The Inspector of Police, Mohanur Police Station, Namakkal District.
...Respondents
Writ Petition filed under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to release the lorry bearing Registration No. TN 37 BK 5658 which was seized by the third respondent in connection with Crime No.163 of 2019 on 26.04.2019. For Petitioner :
Mr.M.Gururaj For Respondents :
Mr.K.S.Suresh Government Advocate
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 respondents to release the lorry bearing Registration No. TN 37 BK 5658 which was seized by the third respondent in connection with Crime No.163 of 2019 on 26.04.2019.
2. Heard learned counsel for the petitioner and learned Government Advocate for the respondents.
3. According to the petitioner, the third respondent has seized the vehicle in question on 26.04.2019 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 Government Advocate 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 respondents 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 respondents are 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.50,000/- (Rupees Fifty 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 respondent 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(J) //True Copy// Sub Assistant Registrar av To
1. The Assistant Director, Department of Geology and Mining, Namakkal District.
2. The Tasildhar, Namakkal, Namakkal District.
3. The Inspector of Police, Mohanur Police Station, Namakkal District.
+1 cc to Mr.M.Gururaj, Advocate, S.R.No.47198 Writ Petition No.14649 of 2019 SSM(26/06/2019)