Madras High CourtWP(MD)/8403/2024disposed of

Rajasekaran .C v. State Rep. By Its Inspector Of Police

2024-04-02Honourable Mr Justice C. Saravanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN C.Rajasekaran ... Petitioner /vs./ Inspector of Police, Thuvarankurichi Police Station, Trichy District.

In Crime No.61 of 2024.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent herein to release the petitioner's vehicle, namely Ashok Leyland Ltd, Dost RLS BIV bearing Registration No.TN 76 AK 7420 within stipulated time by this Court. For Petitioner : Mr.A.Jeyaram For Respondent : Mr.S.Manikandan Government Advocate (Crl.side) 1/4

ORDER

The petitioner has filed this writ petition for a Mandamus to direct the respondent to release the petitioner's vehicle, namely Ashok Leyland Ltd, Dost RLS BIV bearing Registration No.TN 76 AK 7420. 2.Heard Mr.A.Jeyaram, learned counsel for the petitioner and Mr.S.Manikandan, learned Government Advocate (Crl.side) for the respondent. 3.There is no scope for entertaining this writ petition for release of the vehicle, which was involved in transportation of illegal material. The vehicle was seized as early as on 20.03.2024 containing 3 plastic pots of 15 liters each of contraband items, namely Toddy. Though the learned counsel for the petitioner would rely on a decision of this Court granting interim order for release of the vehicle I am of the view that the petitioner should file appropriate application for return of the vehicle before the Magistrate Court, in case the proceedings initiated by the respondent are not proper.

2/4

4.Considering the fact that the proceeding for confiscation of the vehicle has already been initiated, the respondent is directed to take steps to pass appropriate orders on merits and in accordance with law within a period of 60 days from the date of receipt of a copy of this order. 5.With the above direction, this Writ Petition is disposed of. No costs. Index : Yes / No 02.04.2024 Internet : Yes / No mm To Inspector of Police, Thuvarankurichi Police Station, Trichy District.

3/4

C.SARAVANAN, J.

mm 02.04.2024 4/4