Allowed

D.Miltonraja v. The District Revenue Officer

Madras HC25 Jan 2021WP/1054/2021

Case brief

AI extract

What is this about?

The High Court granted interim release of the petitioner's seized vehicle, a Honda Activa, involved in an alleged PDS rice smuggling case. The order mandates cash security deposit, an undertaking not to alienate the vehicle, and cooperation with future enquiries before releasing it to the petitioner.

What did the court decide?

Release of Honda Activa TN-66-X-2435 forthwith subject to depositing Rs.5,000 cash security and fulfilling seven specific conditions including undertaking and document production.

D.Miltonraja Vs The District Revenue Officer — Property and Title | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE OF MADRAS DATED: 25.01.2021

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CORAM:

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THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

W.P.No.1054 of 2021

D.Miltonraja

... Petitioner

The District Revenue Officer, Coimbatore, Coimbatore District. 2.State rep. by its, The Inspector of Police, Civil Supply – CID – Pollachi, Coimbatore District. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to release the Honda Activa bearing Registration No.TN-66-X-2435 seized by the second respondent on 23.11.2020 to the petitioner.

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For Petitioner : Mr.W.Camyles Gandhi For Respondents : Mr.V.Shanmuga Sundar Special Government Pleader ORDER

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This writ petition has been filed to direct the first respondent to release the petitioner's vehicle, namely, Honda Activa bearing Registration No.TN-66-X-2435 seized by the second respondent on 23.11.2020 to the petitioner.

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Heard Mr.W.Camyles Gandhi, learned counsel appearing for the petitioner and Mr.V.Shanmuga Sundar, learned Special Government Pleader appearing for the respondents. 3. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

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It is the case of the petitioner that he is the owner of the aforementioned vehicle. According to the petitioner, the second respondent seized his vehicle on 23.11.2020 alleging that the vehicle was used to transport 72 bags of PDS rice (each contains 40 kgs) and a case was

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

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registered in Crime No.199 of 2020 for the alleged offence under Section 6(4) of TNSC (RDCS) Order 1982 r/w. 7(1)(a)(ii) of Essential Commodities Act, 1955. After seizure of the vehicle, the second respondent handed over the same to the first respondent.

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It is the contention of the petitioner that he is never involved in any illegal transportation of PDS Rice as alleged by the Police and he has not committed any prior criminal offence. According to the petitioner, the seized vehicle is now being kept in the open place and due to exposure of sun and rain and the vagaries of nature, the vehicle will loss its value and may ultimately become a wreck and worthless. In such circumstances, this Writ Petition has been filed seeking for release of the said vehicle.

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The petitioner has also given a representation on 02.12.2020 to the respondents seeking for release of the said seized vehicle. According to the petitioner, the said representation has not been considered by the respondents till date. As rightly contended by the petitioner, if the vehicle, which was seized by the second respondent, is kept in the open place, it will not be useful to anyone in the near future and if it is continued to remain in the open place, it has to face the vagaries of nature and ultimately will become a wreck and worthless. However, whether the petitioner has committed the alleged offence or not can be adjudicated only after trial before the Criminal Court. Till such time, the vehicle cannot be kept idle. Therefore, this Court is inclined to grant an order as sought for by the petitioner in this Writ Petition, subject to the fulfillment of the following conditions by the petitioner:

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“(i)Since it is the case involving seizure of PDS Rice, the petitioner cannot give security by way of bond, in stead will have to give cash security. Accordingly, the petitioner shall deposit a sum of Rs.5,000/- (Rupees Five thousand only) with the first respondent within a period of two weeks from the date of receipt of a copy of this order.

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(ii)the petitioner shall give an unconditional undertaking to the first respondent that he shall not alienate or encumber the vehicle in question without permission of the Jurisdictional Magistrate till the completion of the confiscation proceedings

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(iii)the petitioner shall not change the colour and scheme of the vehicle.

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(iv)the petitioner shall not use the vehicle for any illegal activities.

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

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(v)before releasing the vehicle, the police authority shall take photographs of the vehicle at the cost of the petitioner.

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(vi)the petitioner shall produce all xerox copies of the documents pertaining to the ownership of the seized vehicle to the first respondent.

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(vii)As and when the respondents call for the vehicle for enquiry, the petitioner has to produce the vehicle in question and he shall cooperate with the enquiry to be conducted by the respondents.”

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Upon completion of the above mentioned formalities, the respondents shall release the vehicle viz., Honda Activa bearing Registration No.TN 66 X 2435 to the petitioner forthwith and without any delay. If this undertaking given by the petitioner is breached, the petitioner will not be entitled to interim release of the vehicle in future. However, if there is any confiscation proceedings initiated against the seized vehicle, the same can go on without any interference.

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8.The Writ Petition is disposed of accordingly. There shall be no order as to costs.

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Sd/Assistant Registrar /True Copy/ Sub Assistant Registrar To

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1.The District Revenue Officer, Coimbatore, Coimbatore District.

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2.The Inspector of Police, Civil Supply – CID – Pollachi, Coimbatore District.

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+1cc to M/s.W.Camyles Gandhi, Advocate SR.NO.4001

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AKM/16.02.21/ 3P-4C/

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W.P.No.1054 of 2021 25.01.2021

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

D.Miltonraja v. The District Revenue Officer

Case brief

What is this about?

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D.Miltonraja v. The District Revenue Officer

Case brief

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