Disposed

J.Senthilkumar v. State Rep by

Madras HC15 Mar 2019WP/7401/2019

Case brief

AI extract

What is this about?

The High Court ordered the release of a seized lorry within 7 days contingent upon the petitioner depositing Rs. 50,000, executing a personal bond with sureties, participating in the inquiry, and giving an undertaking against future illegal use.

What did the court decide?

Release of seized Tipper Lorry TN 18 AK 0385 to petitioner within 7 days upon deposit of security, execution of bond, and furnishing of undertaking.

J.Senthilkumar Vs State Rep by — Writ and Judicial Review | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 15.03.2019

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Coram

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The Hon'ble Mr.Justice R.Subbiah

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and The Hon'ble Mr.Justice Krishnan Ramasamy

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Writ Petition No.7401 of 2019

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J.Senthilkumar ...Petitioner

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Vs. ...Respondent

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1.State rep. by The Inspector of Police, Chozhavaram Police Station, Chozhavaram,

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Thiruvallur District.

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, directing the respondent to release the vehicle Tipper Lorry bearing Registration No.TN 18 AK 0385, Chassis No. MAT455312G8J22587, Engine No.497SPTC39JTY633331 forthwith which was seized by the respondent in connection with Crime No.708 of 2018 dated 20.10.2018.

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For Petitioner : Mr.A.Vijayasankar For Respondent : Mr.J.Pothiraj, Special Government Pleader

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***** 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 vehicle Tipper Lorry bearing Registration No.TN 18 AK 0385, Chassis No. MAT455312G8J22587, Engine No.497SPTC39JTY633331 forthwith which was seized by the respondent in connection with Crime No.708 of 2018 dated 20.10.2018.

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

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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 respondents have seized the vehicle in question on 20.10.2018 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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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 there is no valid permit and hence, the vehicle was seized. He further submitted 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 sun, it would certainly diminish their value, this Court is of the view that the vehicle in question may be released by imposing certain 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 condition Nos.(i) to (iii), which are mentioned below:

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(i)The petitioner shall deposit a sum of Rs.50,000/- (Rupees Fifty 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 respondents/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.

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Sd/Assistant Registrar

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//True Copy//
Sub Assistant Registrar
To
The Inspector of Police,
Chozhavaram Police Station,
Chozhavaram,
Thiruvallur District.
+1cc to Mr.A.Vijayasankar, Advocate sr.no.24988
+1cc to Government Pleader sr.no.25083
Writ Petition No.7401 of 2019
nr 22/03/2019

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

J.Senthilkumar v. State Rep by

Case brief

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J.Senthilkumar v. State Rep by

Case brief

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