Madras High CourtCRL OP(MD)/8951/2021disposed of

Saleem v. The Additional Superintendent Of Police

2021-07-08Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.8951 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.8951 of 2021 Saleem ... Petitioner Vs.

1.The Additional Superintendent of Police, Prohibition and Enforcement Wing Office, Karur District.

2.The Inspector of Police, Prohibition and Enforcement Wing, Karur District (In Crime No.654 of 2021) ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Principal District and Sessions Judge, Karur to number the unnumbered Criminal Appeal NO. of 2021 and dispose the same on merits.

For Petitioner : Mr.C.Mayilvahanarajendran For Respondents : Mr.R.M.Anbunidhi Additional Public Prosecutor

O R D E R

This petition has been filed seeking a direction to the Principal District and Sessions Judge, Karur to number the unnumbered Criminal Appeal NO. of 2021 and dispose the same on merits.

2. When the matter is taken up for hearing, the learned counsel for the petitioner submits that the petitioner is the owner of the Vehicle bearing Registration No. TN 70 AE 7204 and the same was seized in Crime No.654 of 2021 for the offences under Section 4(1) (a) of the Tamilnadu Prohibition Act and confiscation proceedings were also initiated and an order was also passed by the first respondent herein. Against that order, the petitioner is entitled to file an appeal before the Principal District Judge, Karur. When the petitioner proposed to file an appeal, the same was not entertained by the court by stating that the appeal cannot be entertained in view of the pandemic situation. Aggrieved by non-entertaining of an appeal, the petitioner is before this Court.

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Crl.O.P.(MD)No.8951 of 2021

3. Heard the learned counsel for the petiitoner an the learned Additional Public Prosecutor appearing for the respondents.

4. Nowadays, pandemic situation changed and the courts are functioning. Hence, there will be a direction to the petitioner to present the appeal within a period of 15 days from the date of receipt of a copy of this order. On filing of appeal, the Principal District Court, Karur, is directed to entertain and take the same on its file within a period of 3 days from the date of filing of appeal. Thereafter, the Principal District Judge, Karur, shall hear the matter after issuing notice to all the parties concerned and dispose the same on merits within 15 days.

5.With the above direction, this petition is disposed of. Sd/- Assistant Registrar (AD-I) // True Copy // / /2021 Sub Assistant Registrar(CS) CM Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Principal District and Sessions Judge, Karur,

2. The Additional Superintendent of Police, Prohibition and Enforcement Wing Office, Karur District.

3.The Inspector of Police, Prohibition and Enforcement Wing, Karur District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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