Vellaiyammal v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.07.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.15478 of 2022 Vellaiyammal ... Petitioner Vs.

1.The Revenue Divisional Officer, Sivagangai, Sivagangai District.

2.The Inspector of Police, CSCID-Madurai Police Station, Sivagangai, Crime No.67 of 2022.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to release the Mahindra Bolero Maxi Truck Vehicle bearing Reg. No.TN 49 BH 9976 to the petitioner.

For Petitioner : Mr.V.Kannan For Respondents : Mr.K.Balasubramani Special Government Pleader 1/6

O R D E R

Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents.

2. The petition mentioned vehicle was seized in connection with Crime No.67 of 2022 registered on the file of the second respondent.

3. The petition mentioned vehicle is presently in the custody of the first respondent. The vehicle is said to have been used for illegally transporting PDS rice.

4. It is of course open to the respondent authority to initiate confiscation proceedings. In this case we are concerned only with the issue of granting interim custody of the vehicle to the petitioner.

5. No purpose will be served in keeping the vehicle under the custody of the respondents. The Hon'ble Supreme Court in the decision reported in (2002) 10 SCC 283 (Sunderbhai Ambalal Desai and Others V. State of Gujarat) has held as follows:- 2/6

"17.In our view, whatever be the situation, it is of no use to keep such seized vehicles at the police stations for a long period. It is for the Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. This can be done pending hearing of applications for return of such vehicles.

6. Therefore, the first respondent is directed to grant interim custody of the said vehicle to the petitioner subject to the following conditions:- a) The petitioner shall pay a sum of Rs.5,000/- towards cost in the bank account of Madurai Bench of Madras High Court Advocates Welfare Fund Trust (Account No. 7087208431, IDIB000H040, Indian Bank, Madurai Bench of the Madras High Court Branch). It will be a non-refundable payment. The Trust shall utilise the said amount for the legal education of any law student belonging to Scheduled Caste community.

b) The petitioner shall not alienate or encumber the vehicle till the proceedings are completed.

c) The petitioner shall produce all the documents pertaining 3/6

to the ownership of the seized vehicle.

d) 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 these formalities, the respondents shall grant interim custody of the vehicle forthwith to the petitioner without any delay. If this undertaking given by the petitioner is breached, the petitioner will not be entitled to interim custody of the vehicle in future. The Writ Petition is allowed accordingly. I make it clear that allowing of this writ petition will not have any bearing on the confiscation proceedings that may be initiated by the authorities. No costs. 18.07.2022 Index : Yes / No Internet : Yes/ No rmi To 1.The Revenue Divisional Officer, Sivagangai, Sivagangai District.

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2.The Inspector of Police, CSCID-Madurai Police Station, Sivagangai.

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G.R.SWAMINATHAN,J.

rmi W.P.(MD)No.15478 of 2022 18.07.2022 6/6