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G.Nagaraj v. The Inspector of Police

Madras HC10 Jun 2019WP/12464/2019

Case brief

AI extract

What is this about?

This order grants a writ of mandamus directing the Inspector of Police to release an agricultural tractor seized for illegal sand transport. The court imposes conditions including a non-refundable deposit, a personal bond with sureties, an undertaking against future illegal use, prohibition on alienation, and mandatory participation in the enquiry.

What did the court decide?

The vehicle was ordered to be released within 7 days subject to payment of a deposit, execution of a bond with sureties, undertaking against illegal use, and commitment to the enquiry.

G.Nagaraj Vs The Inspector of Police — Writ and Judicial Review | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 10.06.2019

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CORAM

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THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE C.SARAVANAN

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Writ Petition No.12464 of 2019

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G.Nagaraj

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...Petitioner

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Vs The Inspector of Police, F-4 Kavaraipettai Police Station, Great Northern Trunk Road, Kavaraipettai, Gummidipoondi Taluk, Tiruvallur District – 601 201. ... 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 Agricultural Tractor bearing Registration No.TN-20-AF-0528 seized by the Respondent to the Petitioner.

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For Petitioner : Mr.V.Baskaran
For Respondent : Mr.E.Balamurugan
Special Government Pleader
*****
O R D E R
[Order was delivered by R.SUBBIAH,J]

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The petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus, directing the Respondent to release the Agricultural Tractor bearing Registration No.TN-20AF-0528, seized by the Respondent.

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

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According to the petitioner, the respondent has seized the vehicle in question on 29.03.2019 on the ground of illegal carrying of sand and till date, no order for release of the said vehicle had been passed by the 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 the respondent that the vehicle in question was used for illegal transportation of mines and minerals like sand and hence, the vehicle was seized. He would further submit that the 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)The petitioner shall deposit a sum of Rs.25,000/- (Rupees Twenty Five 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)The 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)The 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 respondent and also the trial Court, failing which the respondent/trial Court is/are at liberty to confiscate the vehicle.

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

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(v)The 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.

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Sd/Assistant Registrar(J)

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//True Copy// Sub Assistant Registrar

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mrp/mtl

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

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The Inspector of Police, F-4 Kavaraipettai Police Station, Great Northern Trunk Road, Kavaraipettai, Gummidipoondi Taluk, Tiruvallur District.

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+1cc to Mr.V.Baskar, Advocate, S.R.No.46081

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Writ Petition No.12464 of 2019

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RRS(19/06/2019)

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

G.Nagaraj v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

G.Nagaraj v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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