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Madras High CourtWP(MD)/15800/2020disposed of

V. Palanikumar v. The District Revenue Officer

2020-11-10Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.11.2020

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE V.Palanikumar ... Petitioner Vs 1.The District Revenue Officer, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Civil Supplies CID, Tirunelveli 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 Pick up vehicle bearing registration No.TN 32 F 0099, pertaining to the case in Cr.No.183 of 2020 on the file of the second respondent herein and return the vehicle to the petitioner based on the representation dated 02.11.2020. For Petitioner : Mr.A.Sivasubramanian For Respondents : Mr.A.Muthukaruppan, Additional Government Pleader

ORDER

This writ petition has been filed to direct the first respondent to release the petitioner's vehicle, namely, Pick up vehicle bearing registration No.TN 32 F 0099 seized by the second respondent on 17.10.2020 to the petitioner.

2.Heard Mr.A.Sivasubramanian, learned counsel appearing for the petitioner and Mr.A.Muthukaruppan, 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. According to the petitioner, the second respondent seized his vehicle on 17.10.2020 alleging that the vehicle was used to transport 57 bags of PDS rice (each contains 35 kgs) and a case was registered in Crime No.183 of 2020 for the alleged offence under Section 6(4) of TNSC (RDCS) Order 1982 r/w. 7 1/3

(1)(a)(ii) of Essential Commodities Act, 1955. After seizure of the vehicle, the second respondent handed over the same to the first respondent.

5.It is the contention of the petitioner that he is never involved in any illegal transportation of PDS Rice 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 loss 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 02.11.2020 to the first respondent seeking for release of the said seized vehicle. According to the petitioner, the said representation has not been considered by the first respondent till date.

As rightly contended by the petitioner, if the vehicle, which was seized by the second 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 place, 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)Since it is the case involving seizure of PDS Rice, the petitioner cannot give security by way of bond, in stead will have to give cash security.

Accordingly, the petitioner shall deposit a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with the first 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.

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(vi)The petitioner shall produce all xerox copies of the documents pertaining to the ownership of the seized vehicle to the first 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 respondents shall release the vehicle viz., Pick up vehicle bearing registration No.TN 32 F 0099 to the petitioner forthwith and 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. However, if there is any confiscation proceedings initiated against the seized vehicle, 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 (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) gns 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 District Revenue Officer, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Civil Supplies CID, Tirunelveli District.

+1 CC to M/s.GP ( SR-21922[F] dated 11/11/2020 ) 10.11.2020 VR(CO) AP(20/11/2020) 3P 4C 3/3