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Arumugham v. The Inspector of Police

Madras HC14 Jun 2019WP/12342/2019

Case brief

AI extract

What is this about?

This writ petition challenged the seizure of a lorry used for illegal mining. The court directed the respondent to release the vehicle within seven days subject to a non-refundable deposit, a personal bond with sureties, an undertaking against future illegal use, and participation in the enquiry.

What did the court decide?

Respondent directed to release the vehicle within 7 days subject to non-refundable deposit, personal bond with sureties, undertaking, and participation in enquiry.

Arumugham Vs The Inspector of Police — Property and Title | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 14.06.2019

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CORAM

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THE HONOURABLE MR.JUSTICE R.SUBBIAH and

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THE HONOURABLE MR.JUSTICE C.SARAVANAN

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Writ Petition No.12342 of 2019

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Arumugham

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...Petitioner Vs. The Inspector of Police, Roshanai Police Station, Tindivanam Taluk, Villupuram District. ... Respondent

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Writ Petition filed under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the respondent to release the Lorry of the petitioner bearing Registration No.TN-19-9393 Ashok Leyland Lorry (multi axle goods vehicle), seized by the respondent on 11.04.2018, to the petitioner forthwith based on the representation of the petitioner dated 15.04.2019.

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For Petitioner : Mr.S.Viswagandhi For Respondent : Mr.V.Shanuga Sundar, Special Government Pleader O R D E R [Order was delivered by R.SUBBIAH, J]

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Petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus directing the respondent to release the Ashok Leyland Lorry (multi axle goods vehicle) bearing Registration No.TN-19-9393, seized by the respondent on 11.04.2018.

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Heard learned counsel for petitioner and learned Special Government Pleader for respondent.

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Learned counsel for petitioner submits that respondent has seized the vehicle in question on 11.04.2018 on the ground of illegal carrying of M-sand and till date, no order for release of the said vehicle had been passed by respondent. Hence, he has come forward with the present Writ Petition.

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https://hcservices.ecourts.gov.in/hcservices/

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On the other hand, it is submitted by learned Special Government Pleader for respondent that the vehicle in question was used for illegal transportation of mines and minerals like M-sand and hence, the vehicle was seized. He would further submit that petitioner has no previous case.

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In any event, as the vehicle is under the custody of the respondent from the date of seizure and considering the fact that if the same is allowed to be kept idle by exposing the same to rain and shine, it would certainly diminish their value, this Court is of the view that the vehicle in question may be released by imposing conditions on the petitioner.

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Accordingly, the respondent is directed to release the vehicle in question to the petitioner within a period of 7 days from the date of compliance of the below mentioned condition Nos.(i) to (iii):

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(i)Petitioner shall deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand only) before the jurisdictional Tahsildar concerned as non-refundable deposit. After receipt of the above said amount, the same will have to be deposited by the jurisdictional Tahsildar concerned, to the credit of the District Mines and Minerals Foundation Trust as non-refundable deposit.

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(ii)Petitioner shall execute a personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the concerned jurisdictional Judicial Magistrate.

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(iii)Petitioner shall give an undertaking before the respondents/authority concerned stating that he will not use the vehicle in question for any illegal activities in future and shall produce the same as and when required by the respondents and also the trial Court, failing which the respondent/trial Court is/are at liberty to confiscate the vehicle.

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(iv)Petitioner shall not alienate the vehicle in question till the disposal of the proceedings before the authority concerned.

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(v)Petitioner is also directed to participate in the enquiry to be conducted by the respondent.

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With the above observations and directions, this Writ Petition is disposed of. No costs.

-s/d-

Assistant Registrar

True Copy

Sub-Assistant Registrar

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https://hcservices.ecourts.gov.in/hcservices/

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AT To

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The Inspector of Police, Roshanai Police Station, Tindivanam Taluk, Villupuram District.

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+1 CC to Mr.S.Viswagandhi, Advocate sr 48773.

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Writ Petition No.12342 of 2019

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PM(CO) SP(27/06/2019)

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https://hcservices.ecourts.gov.in/hcservices/

Arumugham v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

Arumugham v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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