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Madras High CourtWP(MD)/17823/2020disposed of

Eswari v. The Deputy Superintendent Of Police

2020-12-07Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.12.2020

CORAM:

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

1.The Deputy Superintendent Of Police, Prohibition Enforcement Wing, Sivagangai, Sivagangai District.

2. The Inspector of Police, Chettinad Police Station, Sivagangai District (Crime No.25 of 2020) ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated on 17.11.2020 immediately and release my bike bearing Reg.No.TN-63-AS-1390 PULSAR BIKE seized on 07.04.2020 in pertaining to the case in Crime Number 25 of 2020 on the file of the second respondent herein and hand over to the petitioner.

For Petitioner : Mr.B.Santhanam Rajeshkumar For Respondents : Mr.A.Karthik Government Advocate

O R D E R

This writ petition has been filed for a Mandamus to direct the respondents to consider the petitioner's representation dated on 17.11.2020 immediately and release my bike bearing Reg.No.TN-63-AS1390 PULSAR BIKE seized on 07.04.2020 in pertaining to the case in Crime Number 25 of 2020 on the file of the second respondent herein

2. Heard Mr.B.Santhanam Rajeshkumar, learned counsel appearing for the petitioner and Mr.A.Karthik, learned Government Advocate 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 she is the owner of the two wheeler namely PULSAR BIKE bearing Reg.No.TN-63-AS-1390. According to the her, on 07.04.2020, the second respondent seized 1/3

the petitioner's vehicle from one Shanmuga Priyan who has borrowed the petitioner's vehicle for his personal use and the second respondent had seized the the petitioner's vehicle that it was used for carrying 5 bottles of Brandy each consist of 180 ml. and a case was registered in Crime No.25 of 2020 under Section 188 of IPC r/w 4 (1)(i) and 4(1)(a) of the Tamil Nadu Prohibition Act.

5. It is the contention of the petitioner that she is never involved in any illegal transportation of liquor bottles as alleged by the Police and she 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 13.04.2020 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 first respondent; and 2/3

(vii) As and when the respondents call for the vehicle for enquiry, the petitioner has to produce the vehicle in question and she shall cooperate with the enquiry to be conducted by the respondents.

7. Upon completion of the above mentioned formalities, the second respondent shall release the vehicle viz., the two wheeler namely PULSAR BIKE bearing Reg.No.TN-63-AS-1390 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-I) // True Copy // / /2020 Sub Assistant Registrar(CS) 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 Deputy Superintendent Of Police, Prohibition Enforcement Wing, Sivagangai, Sivagangai District.

2. The Inspector of Police, Chettinad Police Station, Sivagangai District +1 CC to SPL GP ( SR-24635[F] dated 09/12/2020 ) Order made in 07.12.2020 VB (18.12.2020) 3P 4C 3/3