Madras High CourtWP/36562/2024disposed of

N.Manthiragiri v. The Addl. Superintendent Of Police

2025-02-10Honourable Mr Justice G.K. Ilanthiraiyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No. 36562 of 2024 and W.M.P.No.39416 of 2024 N.Manthiragiri ....

Petitioner Vs

1. The Addl. Superintendent of Police, Prohibition Enforcement Wing, Office of Superintendent of Police, Coimbatore.

2. The Addl. Superintendent of Police, Protection of Women and Children Welfare Department, Ground Floor, Old Building, Office of the Collectorate Campus, Coimbatore.

3. The Deputy State Tax Officer, Education Flying Squad, Sulur-116 Constituency, Coimbatore.

4. The Inspector of Police Sulthanpet Police Station, Coimbatore.

.....

Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, calling

for the records pertaining to the impugned order passed by the 2nd respondent in the caption of Final order dated 14.11.2024 under Ref. C.No.06/ADSP/CWC/Veh.Con/CBE/2024, quash the same and directing the 2nd respondent to release the vehicle namely Toyota Etios Liva bearing Registration No. TN 37 DB 6514 which is seized by the 4th respondent on 18.04.2024.

For Petitioner : Mr.S.Rajkumar For R1, R2 & R4 : Mr.K.M.D.Muhilan Government Advocate (Crl.Side) For R3 : Mr.P.Balathandayutham Special Government Pleader

ORDER

This Writ Petition has been filed challenging the impugned order dated 14.11.2024 passed by the 2nd respondent in Ref. C.No.06/ADSP/CWC/Veh.Con/CBE/2024.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. It is noted that the petitioner has filed an appeal as against the order of the confiscation dated 14.11.2024 before the Appellate Court, viz., the Principal District Sessions Judge, Coimbatore, under Section 14(5) of the Tamil Nadu Prohibition Act, 1937 r/w Section 374 of the Criminal Procedure Code. It has been taken cognizance in

C.A.No.296 of 2024 and is pending adjudication. However, the petitioner has not appeared before the Appellate Court so far.

4. In view of the above, the Appellate Court, viz., the Principal District Sessions Judge, Coimbatore, is directed to advance the hearing of C.A.No.296 of 2024, after issuing notice to the respondents, and dispose of the appeal on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition stands disposed of. Consequently, connected miscellaneous petition is closed. No costs.

10.02.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To

1. The Principal District Sessions Judge, Coimbatore.

2. The Addl. Superintendent of Police, Prohibition Enforcement Wing, Office of Superintendent of Police, Coimbatore.

3. The Addl. Superintendent of Police, Protection of Women and Children Welfare Department, Ground Floor, Old Building, Office of the Collectorate Campus, Coimbatore.

4. The Deputy State Tax Officer, Education Flying Squad, Sulur-116 Constituency, Coimbatore.

5. The Inspector of Police Sulthanpet Police Station, Coimbatore.

6.The Public Prosecutor, High Court of Madras, Chennai

G.K.ILANTHIRAIYAN, J.

Lpp 10.02.2025