Tamilarasan v. The District Revenue Officer

1 W.P.(MD)NO.6018 OF 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.03.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.6018 of 2024 Tamilarasan ... Petitioner Vs.

1. The District Revenue Officer, Pudukkottai District, Pudukkottai.

2. The Inspector of Police, CSCID-Madurai, Pudukkottai police station, Pudukkottai.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to entrust the interim custody of the petitioner's vehicle by branding name Bolero Maxi Track, bearing registration No. TN 19 AA 9159, seized in connection FIR No. 36 of 2024 on the file of the 2nd respondent police. For Petitioner : Mr.D.Rameshkumar For R-1 : Mr.D.Gandhiraj, Special Government Pleader.

For R-2 : Mr.A.Albert James, Government Advocate.

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2 W.P.(MD)NO.6018 OF 2024

O R D E R

Heard the learned counsel appearing for the petitioner, the learned Special Government Pleader appearing for the first respondent and the learned Government Advocate appearing for the second respondent.

2. The petition mentioned vehicle was seized in connection with Crime No.36 of 2024 registered on the file of the second respondent.

3. The petition mentioned vehicle is presently in the custody of the first respondent. The vehicle is said to have been used for illegally transporting PDS rice.

4. It is of course open to the respondent authority to initiate confiscation proceedings. In this case, we are concerned only with the issue of granting interim custody of the vehicle to the petitioner.

5. No purpose will be served in keeping the vehicle under the custody of the respondents. The Hon'ble Supreme Court in the decision reported in (2002) 10 SCC 283 (Sunderbhai Ambalal Desai and Others V. State of Gujarat) has held as follows:- "17.In our view, whatever be the situation, it is of no use to keep such seized vehicles at the police 2/6

3 W.P.(MD)NO.6018 OF 2024 stations for a long period. It is for the Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. This can be done pending hearing of applications for return of such vehicles.

6. Therefore, the first respondent is directed to grant interim custody of the said vehicle to the petitioner subject to the following conditions:- a) The petitioner shall pay a sum of Rs.7,500/- (Rupees Seven Thousand and Five Hundred only) towards cost in the bank account of Saksham (Savings Account No.50100575869426, IFSC Code : HDFC0009496, HDFC Bank, Race Course Branch, Coimbatore). It will be a non-refundable payment. This amount shall be utilized for leprosy treatment and rehabilitation activities. b) The petitioner shall not alienate or encumber the vehicle till the proceedings are completed. c) The petitioner shall produce all the documents pertaining to the ownership of the seized vehicle. If the petitioner is an agreement holder, he can produce the relevant xerox copies.

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4 W.P.(MD)NO.6018 OF 2024 d) As and when the respondents call for the vehicle for enquiry, the petitioner has to produce the vehicle in question and he shall cooperate with the enquiry to be conducted by the respondents.

7. Upon completion of these formalities, the respondents shall grant interim custody of the vehicle forthwith to the petitioner without any delay. If this undertaking given by the petitioner is breached, the petitioner will not be entitled to interim custody of the vehicle in future.

8. The Writ Petition is allowed accordingly. I make it clear that allowing of this writ petition will not have any bearing on the confiscation proceedings that may be initiated by the authorities. There shall be no order as to costs.

13.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU Note : Issue order copy on 14.03.2024 4/6

5 W.P.(MD)NO.6018 OF 2024 To:

1. The District Revenue Officer, Pudukkottai District, Pudukkottai.

2. The Inspector of Police, CSCID-Madurai, Pudukkottai police station, Pudukkottai.

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6 W.P.(MD)NO.6018 OF 2024 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.6018 of 2024 13.03.2024 6/6