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Madras High CourtWP(MD)/11522/2021disposed of

Deivanai v. The Addl. Superintendent Of Police

2021-07-12Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.07.2021

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Deivanai ... Petitioner Vs.

1.The Additional Superintendent of Police, (Prohibition Enforcement Wing), Ramanathapuram District, Ramanathapuram.

2.The Inspector of Police, Bazaar Police Station, Ramanathapuram, Ramanathapuram District.

... Respondents PRAYER:

Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents forthwith to release the petitioner's Bajaj Auto, bearing Registration No.TN-65-AH-2710, Engine No:24YWJE62648, Chassis No.MD2A49AY9JWE45706, which seized by the 2nd respondent in connection with Crime No.188/2021, by considering the petitioner's representation, dated 02.07.2021, within the time that may be fixed by this Court.

For Petitioner : Mr.D.Balamurugapandi For Respondents : Mr.P.Thilak Kumar Govt.Advocate

O R D E R

This Writ Petition has been filed praying for issuance of a Writ of Mandamus, to direct the respondents forthwith to release the petitioner's vehicle viz., Bajaj Auto, bearing Registration No.TN-65-AH-2710, Engine No:24YWJE62648, Chassis No.MD2A49AY9JWE45706, which seized by the 2nd respondent in connection with Crime No.188/2021, by considering the petitioner's representation, dated 02.07.2021.

2. Mr.P.Thilak Kumar, learned Government Advocate takes notice for the respondents.

3. The petitioner's vehicle was seized in connection with illegal transportation of Liquor bottles. The enquiry in this regard is still pending. The learned counsel for the petitioner affirms before this Court that the petitioner's vehicle was not 1/3

involved in any previous incident of similar nature. 4.The submission of the learned counsel for the petitioner is placed on record. If this submission turns out to be false, the order now passed by this Court would stand automatically recalled and the petitioner will be visited with serious consequences. I am of the view that no purpose will be served by keeping the vehicle in question in the custody of the respondents. If the vehicle is kept in open space and exposed to sun light and rain, it would lose its value. Therefore, the respondents are directed to release the said vehicle subject to the following conditions. 5 Accordingly, this Writ Petition is disposed of with the following directions.

"(i)The petitioner is directed to deposit a sum of Rs.5,000/-(Rupees Five Thousand Only) to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai-9 (Account No.11720 10000 00070, IFSCCode: IOBA0001172), without prejudice to his rights and contentions;

(ii)The petitioner is directed to produce all the documents pertaining to the ownership of the seized vehicle.

(iii)The petitioner is directed to file an affidavit of undertaking that he will cause production of the vehicle in question before the competent/concerned respondent ( as the case may be) as and when called for and further, he will not alienate the vehicle in question till the appropriate proceedings initiated are completed;

(iv) On compliance of the above conditions, the respondent concerned is directed to release the seized vehicle, viz., Bajaj Auto, bearing Registration No.TN65-AH-2710, Engine No:24YWJE62648, Chassis No.MD2A49AY9JWE45706, to the petitioner.

(v)The first respondent is directed to pass final orders in the adjudication proceedings, if any, within a period of 45 days;

(vi)This order for the release of the vehicle can be pressed into service by the petitioner only if the vehicle is not in the custody of the criminal Court. If the vehicle is in the custody of the concerned criminal Court of appropriate jurisdiction, then option is given to the petitioner to approach the concerned Judicial Magistrate to get release of the vehicle, by filing necessary application in the manner known to law and in accordance with law; and (vii)Inasmuch as the vehicle viz., Bajaj Auto, bearing Registration No.TN-65-AH-2710, is seized by the second respondent on 30.04.2021, the aforesaid 2/3

order is to be complied with within a period of one week, if no order of adjudication is passed as on today.

No costs.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2021 Sub Assistant Registrar(CS) MPK 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 Additional Superintendent of Police, (Prohibition Enforcement Wing), Ramanathapuram District, Ramanathapuram.

2.The Inspector of Police, Bazaar Police Station, Ramanathapuram, Ramanathapuram District.

+1 CC to M/s.D.BALAMURUGAPANDI, Advocate ( SR-22074[F] dated 12/07/2021 ) +1 CC to M/s.SPL GP ( SR-22508[F] dated 14/07/2021 ) 12.07.2021 LS(CO) LR (19.07.2021) 3P 5C 3/3