Disposed

N.Jagadeesan v. The State Rep. by Inspector of Police

Madras HC20 Mar 2019WP/8324/2019

Case brief

AI extract

What is this about?

The petitioner filed a writ petition for release of a seized tipper lorry. The High Court ordered release within 7 days subject to conditions including a non-refundable deposit, execution of a personal bond with sureties, undertaking for future conduct, prohibition on alienation, and participation in the enquiry.

What did the court decide?

Respondent directed to release the seized tipper lorry bearing registration No.TN-18-B-5629 within 7 days subject to payment of deposit, execution of bond, undertaking, and participation in enquiry.

N.Jagadeesan Vs The State Rep. by 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 : 20.03.2019

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Coram

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The Hon'ble Mr.Justice R.Subbiah and The Hon'ble Mr.Justice Krishnan Ramasamy

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Writ Petition No.8324 of 2019

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N.Jagadeesan ...Petitioner
Vs.
The State rep by
Inspector of police,
KATTUR Police Station,
Thiruvallur District. ...Respondent
PRAYER: Writ Petition filed under Article 226 of the
Constitution of India, for issuance of Writ of Mandamus,
directing the respondent to release the petitioner's
vehicle, Tipper Lorry, bearing registration No.TN-18-B-
5629.
For Petitioner : Mr.G.B.Motcham
For Respondent : Mr.D.Raghu
Government Advocate
*****
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 petitioner's vehicle, Tipper Lorry, bearing registration No.TN-18-B-5629.

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Heard learned counsel for the petitioner and learned Government Advocate for the respondent.

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According to the petitioner, the respondent has seized the vehicle in question on 29.09.2018 on the ground of illegal carrying of sand, and till date, no order for release of the said vehicle had been passed by the respondents. 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 Government Advocate for the respondents that the vehicle in question was used for illegal transportation of mines and minerals like sand 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 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)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. With the above observations and directions, this Writ

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Petition is disposed of. No costs.

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Sd/-

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Assistant Registrar(CS)

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//True Copy//

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Sub Assistant Registrar

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av/vkr

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

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The Inspector of police, The State of Tamilnadu, KATTUR Police Station, Thiruvallur District.

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+1cc to Mr.G.B.Motcham , Advocate SR.No. 26152 +1 CC TO GOVERNMENT PLEADER SR.NO. 26842

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Writ Petition No.8324 of 2019

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A.SK(26/03/2019)

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

N.Jagadeesan v. The State Rep. by Inspector of Police

Case brief

What is this about?

What did the court decide?

N.Jagadeesan v. The State Rep. by Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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Parties & counsel

Coram

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