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Madras High CourtCRL OP(MD)/12943/2020disposed of

Ranjith Kumar v. The Superintendent Of Police

2020-11-19Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.11.2020

CORAM:

THE HONOURABLE MRS. JUSTICE J.NISHA BANU Ranjith Kumar

...Petitioner/Accused No.2/

Owner of the vehicle Vs 1.The Superintendent of Police, Alagar Koil Road, Surveyor Colony, 2.The Deputy Superintendent of Police, Alagar Koil Road, Surveyor Colony,

...Respondent Nos.1 &2

3.The Inspector of Police, M.Chathirapatti Police Station, Madurai District.

...3rd Respondent/Complainant PRAYER: Petition filed under Section 482 of Code of Criminal Procedure, to direct the 1st respondent to order the 2nd respondent to complete the proceedings vide Na.Ka.No.143/Vehicle/DSP/PEW/MD/2020 dated 23.09.2020 and pass orders for the Crime No.994 of 2020, on the file of the 3rd respondent within a reasonable time.

For Petitioner : Mr.S.Karthikeyan For Respondent : Mr.V.Neelakandan Additional Public Prosecutor.

O R D E R

Heard the learned counsel on either side.

2. This Criminal Original Petition has been filed to direct the respondents to complete the proceedings vide Na.Ka.No.143/Vehicle/DSP/PEW/MD/2020 dated 23.09.2020 and pass orders for the Crime No.994 of 2020, on the file of the 3rd respondent within a reasonable time.

3.The case of the prosecution is that on 29.08.2020, at about 13.30 hours, the third respondent police have seized the 1/3

vehicle bearing Reg.No.TN 59 CZ 2919, along with 121 liquor bottles of 180 ml and 6 liquor bottles of 375 ml and the cash Rs.39,700/-. Case in Crime No.994 of 2020 has been registered for the offences under Sections 4 (1-A) TNP Act(Transport) against the driver and the owner of the vehicle. The grievance of the petitioner is that though the vehicle was seized by the 3rd respondent as early as on 29.08.2020, the confiscation proceedings has not been reached its finality. In this regard, the petitioner has given representation to the petitioner on 07.10.2020. But so far, no action has been taken by the respondents. Hence, the petitioner has come up with this present Criminal Original Petition.

4. When the matter is taken up for hearing today, the learned Additional Public Prosecutor, on insructions, would submit that the confiscation proceedings will be completed within a period of four weeks.

5. Recording the above submission, the respondents are directed to complete confiscation proceedings within a period of four weeks from the date of receipt of a copy of this order.

6. With the aforesaid direction, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) vrn 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 Superintendent of Police, Alagar Koil Road, Surveyor Colony, 2/3

2.The Deputy Superintendent of Police, Alagar Koil Road, Surveyor Colony, 3.The Inspector of Police, M.Chathirapatti Police Station, Madurai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

19.11.2020 PM(CO) KM (30.11.2020) 3P 5C 3/3