In a writ petition filed under Article 226 of the Constitution, the petitioner sought the release of his bullock cart seized during a criminal investigation. The court directed the respondents to release the vehicle forthwith.
Respondents directed to release the petitioner's bullock cart forthwith without any delay.
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W.P.(MD)No.2314 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.02.2021 CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.2314 of 2021
Kanagaraj ... Petitioner
Vs
1.The Assistant Director, Tamil Nadu Mines and Minerals Department, Thanjavur District, Thanjavur.
2.The Revenue Divisional Officer, Thanjavur,
Thanjavur District.
3.The Inspector of Police, Town East Police Station, Thanjavur District. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the third respondent to release the petitioner's bullock cart which is under the custody of the third respondent in connection with Crime No.1585 of 2020 dated 27.12.2020 on the basis of the petitioner's representation dated 01.02.2021.
For Petitioner : Mr.P.Surliraja For Respondents : Mrs.M.Rajeswari Government Advocate
ORDER
Heard the learned counsel on either side. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.
2.The petitioner claims to be the owner of the petition mentioned vehicle. It was seized in connection with the petition mentioned crime number. The petitioner's counsel states that till date, the vehicle in question has not been produced before the jurisdictional court.
3.It has been held time and again that keeping the vehicle in the custody of the respondents is not going to serve any purpose. On the other hand, it will contribute to loss of value. Even though the criminal case has been registered, the vehicle in question is yet to be produced before the jurisdictional Court. The https://hcservices.ecourts.gov.in/hcservices/
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W.P.(MD)No.2314 of 2021
case is still under investigation. Therefore, the Writ Court will always have the power to direct release of vehicle.
4.The learned counsel for the petitioner states that the vehicle has not been involved in any previous case of the same nature. He also submitted that the petitioner is also not having any previous case.
5.The Hon'ble Supreme Court in the decision reported in (2002) 10 SCC 283 (Sunderbhai Ambalal Desai and Others V. State of Gujarat) has held as follows:-
“17.In our view, whatever be the situation, it is of no use to keep such seized vehicles at the police stations for a long period. It is for the Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. This can be done pending hearing of applications for return of such vehicles.
6.Recording the submission made by the learned counsel for the petitioner on instructions, I direct release of the petition mentioned vehicle. The respondents shall release the petition mentioned vehicle forthwith without any delay.
7.The Writ Petition is allowed accordingly. No costs.
Sd/-
Assistant Registrar (RTI)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
Note :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
1.The Assistant Director,
Tamil Nadu Mines and Minerals Department, Thanjavur District, Thanjavur.
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W.P.(MD)No.2314 of 2021
2.The Revenue Divisional Officer, Thanjavur, Thanjavur District.
3.The Inspector of Police, Town East Police Station, Thanjavur District.
+1 CC to Mr.P.SURLIRAJA, Advocate ( SR-4214[F] dated 10/02/2021 ) +1 CC to SPL GP ( SR-4652[F] dated 12/02/2021 )
W.P.(MD)No.2314 of 2021 10.02.2021
(KUN) KV(17.02.2021) 3P 6C
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2 issues framed by the court
Whether the seized bullock cart should be released immediately to the petitioner.
Whether the custody of the plaintiff's vehicle serves any purpose during the investigation.
Colour shows how this judgement treated each authority
Sunderbhai Ambalal Desai and Others V. State of GujaratRelied on¶20
(2002) 10 SCC 283 (Sunderbhai Ambalal Desai and Others V. State of Gujarat) · Who else cites this
1 provisions across 1 enactments
Kanagaraj
The Assistant Director, Tamil Nadu Mines and Minerals Department
The Revenue Divisional Officer, Thanjavur
The Inspector of Police, Town East Police Station
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
