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Madras High CourtWP(MD)/15903/2020disposed of

Kathiresen v. The Additional Superintendent Of Police

2020-11-11Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.11.2020

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE (Through Video Conference) Kathiresan ... Petitioner Vs

1) The Additional Superintendent of Police, (Prohibition Enforcement Wing), Ramanathapuram District, Ramanathapuram.

2) The Inspector of Police, Valinokkam-Police Station, Ramanathapuram District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents, forthwith to release the petitioner's Auto-Rickshaw bearing Registration No.TN 65 T 4393 (BAJAJ RE COMPACT AUTO) which seized by the 2nd respondent in connection with Crime No.51/2020 by considering the petitioner's representation dated 28.10.2020 within the time that may be fixed by this Court.

For Petitioner : Mr.D.Balamurugapandi For Respondents : Mr.C.Ramesh, Special Government Pleader

O R D E R

This writ petition has been filed for a Mandamus to direct the respondents, forthwith to release the petitioner's Auto-Rickshaw bearing Registration No.TN 65 T 4393 (BAJAJ RE COMPACT AUTO) which seized by the 2nd respondent in connection with Crime No.51/2020 by considering the petitioner's representation dated 28.10.2020 within the time that may be fixed by this Court.

2. Heard Mr.D.Balamurugapandi, 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 three wheeler bearing Registration No.TN 65 T 4393 (BAJAJ RE COMPACT AUTO). According to him, on 25.06.2020, during the evening hours, the respondent police intercepted the vehicle and allegedly seized nearly 144 bottles containing 180 m.l. Liquor and registered a case 1/3

in Crime No.51 of 2020 for the alleged offence under Section4(1)(a) (Transport)of TNP Act.

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 28.10.2020 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 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, 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.

(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 second respondent; and (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.

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7. Upon completion of the above mentioned formalities, the second respondent shall release the vehicle viz., the three wheeler bearing Registration No.TN 65 T 4393 (BAJAJ RE COMPACT AUTO) 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) // True Copy // / /2020 Sub Assistant Registrar(CS) sts 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 Additional Superintendent of Police, (Prohibition Enforcement Wing), Ramanathapuram District, Ramanathapuram.

2) The Inspector of Police, Valinokkam-Police Station, Ramanathapuram District.

+1 CC to M/s.D. BALAMURUGAPANDI, Advocate ( SR-21842[F] dated 11/11/2020 ) +1 CC to M/s.GP ( SR-22056[F] dated 18/11/2020 ) Order made in W.P.(MD) No.15903 of 2020 CK(CO) KK(24.11.2020) 3 P 5C 3/3