S.Alphons v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.07.2019

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.No.18892 of 2019 S.Alphons, S/o. Savari Muthu.

.. Petitioner ..vs..

The Inspector of Police, Moonkilthuraipattu Police Station, Villupuram District.

.. Respondent Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondent herein to release the petitioner's TATA ACE deliver van bearing Registration No. TN-19-D-4120 and for the custody of the vehicle.

For Petitioner :

Mr. V.Gunasekar For Respondent :

Mr.V.Shanmuga Sundar Special Government Pleader

O R D E R

[Order of the Court was made by R.SUBBIAH, J] The petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus, directing the respondent herein to release the petitioner's

TATA ACE deliver van bearing Registration No. TN-19-D-4120 and for the custody of the vehicle.

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

3. According to the petitioner, the respondent has seized the vehicle in question on 29.01.2019 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 the learned Special Government Pleader appearing for the respondent that the vehicle in question was used for illegal transportation of mines and minerals like river sand and there was no valid permit and hence, the vehicle was seized. He further submitted that the petitioner has no previous case.

5. In any event, as the vehicle is under the custody of the fourth 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.25,000/- (Rupees Twenty Five Thousand only) before the jurisdictional Tahsildar concerned as nonrefundable 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.

R.SUBBIAH, J and C.SARAVANAN, J mp/gm (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.

[R.P.S., J] [C.S.N., J] 05.07.2019 Note to office: Issue order within two weeks Index : Yes/No Internet : Yes mp/gm To The Inspector of Police, Moonkilthuraipattu Police Station, Villupuram District.

W.P.No.18892 of 2019