Dismissed

M.Kamarasu @ Kamaraj v. State Rep. by

Madras HC24 Jun 2019WP/16767/2019

Case brief

AI extract

What is this about?

The Court disposed of a Writ Petition seeking release of a lorry seized for illegal transport of sand. The Court directed the respondent to release the vehicle within 7 days subject to conditions including deposit, bond execution, and undertaking against future illegal use.

What did the court decide?

The vehicle was directed to be released within 7 days subject to deposit of Rs.10,000, execution of a bond, giving an undertaking, and participation in the enquiry.

M.Kamarasu @ Kamaraj Vs State Rep. by — Quashing and FIR | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 24.06.2019

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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.16767 of 2019

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M.Kamarasu @ Kamaraj ...Petitioner
Vs

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State rep by, Inspector of Police, Veppur Police Station, Cuddalore - 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 petitioner Lorry bearing Registration No.TN 69 AD 7743 (vehicle) to the petitioner by considering the petitioner representation dated 30.05.2019.

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For Petitioner : Mr.T.Meganathan For Respondents : Mr.E.Balamurugan Special Government Pleader O R D E R

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[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 petitioner Lorry bearing Registration No.TN 69 AD 7743 (vehicle) to the petitioner by considering the petitioner representation dated 30.05.2019.

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

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According to the petitioner, the respondent has seized the vehicle in question on 28.05.2019 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.10,000/- (Rupees Ten 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 respondent/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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https://hcservices.ecourts.gov.in/hcservices/

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With the above observations and directions, this Writ
Petition is disposed of. No costs.
Sd/-
Assistant Registrar(J)
//True Copy//
Sub Assistant Registrar
av
To
The Inspector of Police,
Veppur Police Station,
Cuddalore - District.
+1 cc to Mr.T.Meganathan, Advocate, S.R.No.52611
+1 cc to the Government Pleader, S.R.No.52303
Writ Petition No.16767 of 2019
SSM(03/07/2019)

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

M.Kamarasu @ Kamaraj v. State Rep. by

Case brief

What is this about?

What did the court decide?

M.Kamarasu @ Kamaraj v. State Rep. by

Case brief

What is this about?

What did the court decide?

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