Lakshmi v. The Superintendent Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.10.2020
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Lakshmi ... Petitioner Vs 1.The Superintendent of Police, Ramanathapuram District.
2.The Deputy Superintendent of Police, Prohibition Enforcement Wing, Ramanathapuram District.
3.The Inspector of Police, Uthirakosamangai Police Station, Ramanathapuram District.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to release the petitioner's vehicle bearing Reg. No.TN65 AF 7192 forthwith in accordance with law by considering the representation dated 07.10.2020.
For Petitioner : Mr.C.Senthil Murugan For Respondents : Mr.C.Ramesh Special Government Pleader
ORDER
This writ petition has been filed for a Mandamus to direct the first respondent to release the petitioner's vehicle bearing Registration No.TN65 AF 7192.
2. Heard Mr.C.Senthil Murugan learned counsel appearing for the petitioner and Mr.C.Ramesh, learned Special 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 two wheeler bearing Reg.No.TN 65 AF 7192. According to the him, he purchased the vehicle for his son's use and on 19.09.2020, when his son proceed towards his home, the third respondent 1/3
intercepted the two wheeler alleging that his son said to have transported 80 liquor bottles containing 180 m.l. Liquor and 1 beer bottle in that vehicle and registered a case in Crime No.98 of 2020 for the alleged offence under Section4(1)(a) of TN Prohibition Act.
5. It is the contention of the petitioner that he has 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 19.09.2020 and 07.10.2020 to the respondents seeking for release of the said seized vehicle. According to the petitioner, the said representations have 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 first 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 2/3
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 question and he shall cooperate with the enquiry to be conducted by the respondents.
7. Upon completion of the above mentioned formalities, the third respondent shall release the vehicle viz., two wheeler bearing Registration No.TN 65 AF 7192 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(Crl Side) // True Copy // / /2020 Sub Assistant Registrar(CS) TM Note:In view of the present lock down owing to COVID19 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 Superintendent of Police, Ramanathapuram District.
2.The Deputy Superintendent of Police, Prohibition Enforcement Wing, Ramanathapuram District.
3.The Inspector of Police, Uthirakosamangai Police Station, Ramanathapuram District.
+1 CC to M/s.GP ( SR-20167[F] dated 15/10/2020 ) 14.10.2020 ss(CO) TR(20.10.2020) 3P 5C 3/3