High Court directed release of a seized auto vehicle involved in liquor transportation case upon satisfaction of conditions, including a security deposit and undertaking to produce the vehicle.
Release of seized vehicle upon deposit of Rs. 10,000 and execution of undertaking.
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W.P(MD)No.10162 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.06.2021 CORAM
THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P(MD)No.10162 of 2021
V.Mahendran @ Magendran ... Petitioner
Vs.
1.The Deputy Superintendent of Police, Prohibition Enforcement Wing, Ramanathapuram District.
2.The Inspector of Police, Ervadi Dargah Police Station, Ramanathapuram District. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to release the petitioner's vehicle bearing Reg.No.TN65-S-4856, which was seized by the 2nd respondent on 28.05.2021 in pursuance to the registration of the case in Crime No.168 of 2021, on the file of the 2nd respondent forthwith in accordance with law, by considering the representation dated 11.06.2021.
For Petitioner : Mr.Senthil Murugan, C. For Respondents : Mr. P.Thilakkumar Standing Counsel
O R D E R
This Writ Petition has been filed praying for issuance of a Writ of Mandamus, to direct the respondents to release the petitioner's vehicle, viz., APE Auto, bearing Reg.No.TN-65-S-4856, which was seized by the 2nd respondent on 28.05.2021, in pursuance to the registration of the case in Crime No.168 of 2021, forthwith, in accordance with law, by considering the representation of the petitioner, dated 11.06.2021.
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4.The submission of the learned counsel for the petitioner is placed on record. If this submission turns out to be false, the order now passed by this Court would stand automatically recalled and the petitioner will be visited with serious consequences. I am of the view that no purpose will be served by keeping the vehicle in question in the custody of the respondents. If the vehicle is kept in open space and exposed to sun light and rain, it would lose its value. Therefore, the respondents are directed to release the said vehicle subject to the following conditions.
5 Accordingly, this Writ Petition is disposed of with the following directions.
“(i)The petitioner is directed to deposit a sum of Rs.10,000/-(Rupees Ten Thousand Only) to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai-9 (Account No.11720 10000 00070, IFSCCode: IOBA0001172), without prejudice to his rights and contentions;
(ii)The petitioner is directed to produce all the documents pertaining to the ownership of the seized vehicle.
(iii)The petitioner is directed to file an affidavit of undertaking that he will cause production of the vehicle in question before the competent/concerned respondent ( as the case may be) as and when called for and further, he will not alienate the vehicle in question till the appropriate proceedings initiated are completed;
(iv) On compliance of the above conditions, the second respondent is directed to release the seized vehicle viz., APE Auto, bearing Reg.No.TN-65-S-4856, to the petitioner.
(v)The first respondent is directed to pass final orders in the adjudication proceedings, if any, within a period of 45 days;
(vi)This order for the release of the vehicle can be pressed into service by the petitioner only if the vehicle is not in the custody of the criminal Court. If the vehicle is in the custody of the concerned criminal Court of appropriate jurisdiction, then option is given to the petitioner to approach the concerned Judicial Magistrate to get release of the vehicle, by filing necessary application in the manner known to law and in accordance with law; and
(vii)Inasmuch as the vehicle viz., APE Auto, bearing Reg.No.TN-65-S-4856, is seized by the second respondent on 28.05.2021, the aforesaid order is to be complied with within a
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period of one week, if no order of adjudication is passed as on today. No costs.
Sd/-
Assistant Registrar (CS-III)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
MPK
Note :(i) In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
W.P(MD)No.10162 of 2021
16.06.2021
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1 issue framed by the court
Whether the seized vehicle should be released to the petitioner on conditions including monetary deposit and undertaking.
1 provisions across 1 enactments
V. Mahendran @ Magendran
The Deputy Superintendent of Police, Prohibition Enforcement Wing, Ramanathapuram District
The Inspector of Police, Ervadi Dargah Police Station, Ramanathapuram District
J. Nisha Banu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
