Vinothkumar v. The Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Vinothkumar ... Petitioner Vs

1. The Superintendent of Police,

2. The Deputy Superintendent of Police, Prohibition Enforcement Wing,

3. The Inspector of Police, (*)Thiruppulani Police Station, ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents to release the petitioner's Vehicle bearing Registration No.TN 65 AB 8591, forthwith in accordance with law, by considering the representation dated 07.10.2020.

For Petitioner : Mr.C.Senthil Murugan For Respondents : Mr.M.Rajarajan Additional Government Pleader

ORDER

This writ petition has been filed for a Mandamus to direct the respondents to release the petitioner's Vehicle bearing Registration No.TN 65 AB 8591, forthwith in accordance with law, by considering the representation, dated 07.10.2020.

2. Heard Mr.C.Senthil Murugan, learned counsel appearing for the petitioner and Mr.M.Rajarajan, learned Additional Government Pleader appearing for the respondents.

3. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

4. It is the case of the petitioner that he is the owner of the aforementioned vehicle and on 13.08.2020 the third respondent Police had intercepted his vehicle, when he was proceeding towards his home and registered a case in Crime No.237 of 2020 for the 1/4

offence punishable under Section 4(1)(a) of Tamil Nadu Prohibition Act, alleging that the petitioner had transported 30 liquor bottles each containing 180 ML. liquor in his vehicle and the third respondent Police seized the vehicle on the same date.

5. It is the contention of the petitioner that he is never involved in any illegal transportation of liquor bottles as alleged by the Police and he has not committed any prior criminal offence. According to the petitioner, the seized vehicle is now being kept in the open place and due to exposure of sun and rain and the vagaries of nature, the vehicle will lose its value and may, ultimately become a wreck and worthless. In such circumstances, this Writ Petition has been filed seeking for release of the said vehicle.

6. The petitioner has also given a representation on 07.10.2020 to the respondents seeking for release of the said seized vehicle. According to the petitioner, the said representation has not been considered by the respondents till date. As rightly contended by the petitioner, if the vehicle, which was seized by the third respondent, is kept in the open place, it will not be useful to anyone in the near future and if it is continued to remain in the open, it has to face the vagaries of nature and ultimately will become a wreck and worthless. However, whether the petitioner has committed the alleged offence or not can be adjudicated only after trial before the Criminal Court. Till such time, the vehicle cannot be kept idle.

Therefore, this Court is inclined to grant an order as sought for by the petitioner in this Writ Petition, subject to the fulfillment of the following conditions by the petitioner. (i)the petitioner shall execute a bond for a sum of Rs.5,000/-(Rupees Five Thousand only) in favour of the third respondent within a period of two weeks from the date of receipt of a copy of this order.

(ii)the petitioner shall give an unconditional undertaking to the second respondent that he shall not alienate or encumber the vehicle in question without permission of the Jurisdictional Magistrate till the completion of the confiscation proceedings (iii)the petitioner shall not change the colour and scheme of the vehicle.

(iv)the petitioner shall not use the vehicle for any illegal activities.

(v)before releasing the vehicle, the police authority shall take photographs of the vehicle at the cost of the petitioner.

(vi)The petitioner shall produce all xerox copies of the documents pertaining to the ownership of the seized vehicle to the third respondent.

(vii)As and when the respondents call for the vehicle for enquiry, the petitioner has to produce the vehicle in 2/4

question and he shall cooperate with the enquiry to be conducted by the respondents.

7. Upon completion of the above mentioned formalities, the respondents shall release the vehicle (two wheeler) bearing Registration No.TN 65 AB 8591 to the petitioner forthwith without any delay. If this undertaking given by the petitioner is breached, the petitioner will not be entitled to interim release of the vehicle in future. As far as confiscation proceedings initiated against the seized vehicle is concerned, the same can go on without any interference.

8.The Writ Petition is disposed of accordingly. There shall be no order as to costs.

Sd/- Assistant Registrar (CS-II) (*) Amended as per order of this Hon'ble Court dated 03.11.2020 Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) rm 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 (*)to be substituted the order already despatched on 19.10.2020

1. The Superintendent of Police,

2. The Deputy Superintendent of Police, Prohibition Enforcement Wing,

3. The Inspector of Police, (*)Thiruppulani Police Station, 3/4

Copy to The Inspector of Police, Thiruppalaikudi Police Station, +1 CC to the SPL GP ( SR-20164[F] dated 15/10/2020 ) 14.10.2020 SJ(CO) CS(19.10.2020) 3P 5C TR(10.11.2020) 3P 6C 4/4