Madras High CourtCRL OP/18202/2019disposed of

A.Mottaiyan v. The Additional Superintendent Of Police,

2019-07-18Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.07.2019

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.18202 of 2019 A.Mottaiyan ... Petitioner vs.

1. The Additional Superintendent of Police, Prohibition and Excise Department Salem District.

2. The Inspector of Police, Ethappur Police Station, Attur Taluk, Salem District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the respondents to hand over the vehicle bearing No.TN30K 3971 as per the order in Crl.M.P No.37 of 2019 dated 25.01.2019 passed by the learned Judicial Magistrate No.I, Attur, Salem District. For Petitioner : B.Sundarapandiyan For Respondents : Mr.M.Mohanded Riyaz Additional Public Prosecutor

ORDER

This petition has been filed seeking for a direction to the respondent police to hand over the vehicle before the Judicial Magistrate No.I, Attur.

2. It is seen from the records that the Judicial Magistrate No.I, Attur, by an order dated 25.01.2019, directed the respondent police to produce the vehicle before the Court. This order has not been complied with and therefore, the present petition has been filed before this Court seeking for an appropriate direction.

3.The learned Additional Public Prosecutor, on instructions submitted that the confiscation proceedings have been initiated and the vehicle has been produced before the concerned authority.

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4. Taking into consideration the facts and circumstances of the case, there shall be a direction to the second respondent to produce the vehicle before the learned Judicial Magistrate No.I, Attur, within a period of one week from the date of receipt of copy of this order. The Judicial Magistrate No.I, Attur shall deal with the petition filed by the petitioner in accordance with the orders passed by this Court in Crl.R.C No.418 of 2019 dated 08.05.2019.

5. In the result, this Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar (Insp.Cell) //True Copy// Sub Assistant Registrar uma To 1.The Judicial Magistrate No.I, Attur, Salem District.

2.- do - through The Chief Judicial Magistrate, Salem District.

3.The Additional Superintendent of Police, Prohibition and Excise Department Salem District.

4.The Inspector of Police, Ethappur Police Station, Attur Taluk, Salem District.

5.The Public Prosecutor, High Court of Madras, Madras.

+1 cc to Mr.S.Sundarapandiyan, Advocate, S.R.No.61439 Crl.O.P No.18202 of 2019 NR(CO) SSM(24/07/2019).

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