R.Mani v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.08.2019

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE C.SARAVANAN Writ Petition No.25303 of 2019 R. Mani

...Petitioner

Vs The State Rep. by Sub-Inspector of Police, Vanapuram Police Station, Tiruvannamalai District.

... Respondent Writ Petition filed under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus, directing the Respondent herein to release the Petitioner's Tata Motors Multi Axle Goods Lorry bearing its Registration Number TN 05 P 6950, Chassis Number 426021CUZ715205 and Engine No. 50C62395631 in accordance with law.

For Petitioner :

Mr.S. Panneer Selvam For Respondent :

Mr.V. Shanmuga Sundar Special Government Pleader *****

O R D E R

[Order was made by R.SUBBIAH, J] 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 Motors Multi Axle Goods Lorry bearing its Registration Number TN 05 P 6950, Chassis Number 426021CUZ715205 and Engine No. 50C62395631 in accordance with law.

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

3. According to petitioner, the respondent has seized the vehicle in question on 25.07.2019 on the ground of illegal carrying of 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 respondent that the vehicle in question was used for illegal transportation of mines and minerals like Sand and hence, the vehicle was seized. He would further submit that 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)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)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)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)Petitioner shall not alienate the vehicle in question till the disposal of the proceedings before the authority concerned.

(v)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/- Asst.Registrar /true copy/ Sub Asst. Registrar ebsi To The Sub-Inspector of Police, Vanapuram Police Station, Tiruvannamalai District.

+1 cc to Mr.Paneer Selvam Advocate sr75322 +1 cc to the Government Pleader sr76558 Writ Petition No. 25303 of 2019 mg(co) aa20/09/2019