Writ petition seeking release of a car seized for illegal liquor transportation. Court ordered release upon depositing a sum, producing ownership docs, filing an undertaking, and passing final adjudication orders within 45 days.
Released car subject to deposit in CMPRF, production of documents, and undertaking to appear for proceedings.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(MD)No.4956 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.4956 of 2021
Ragavan
... Petitioner
Vs.
1.The Superintendent of Police, Madurai District, Madurai.
2.The Deputy Superintendent of Police,
PEW – Madurai District,
Madurai.
3.The Inspector of Police,
PEW – Thirumangalam Police Station, Thirumangalam,
Madurai District.
(Crime No.135 of 2020)
... Respondents
PRAYER: Writ 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 TVS TATA INDICO Car bearing Registration No.PY 02 Q 1074 seized on 12.02.2020 keeping under the custody of the third respondent by considering the petitioner's representation dated 20.02.2021.
For Petitioner : Mr.T.Vadivelan For Respondents : Mr.P.Thilak Kumar, Standing Counsel for Government
O R D E R
This Writ Petition has been filed for a direction to the respondents to release the Petitioner's vehicle ie., TVS TATA INDICO Car bearing Registration No.PY 02 Q 1074.
1/3
W.P.(MD)No.4956 of 2021
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.25,000/-(Rupees Twenty Five 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 third respondent is directed to release the seized vehicle TVS TATA INDICO Car bearing Registration No.PY 02 Q 1074 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 TVS TATA INDICO Car https://hcservices.ecourts.gov.in/hcservices/ bearing Registration No.PY 02 Q 1074 seized by the
2/3
W.P.(MD)No.4956 of 2021
third respondent on 12.02.2020 is concerned, the aforesaid order is to be complied with within a period of one week, if no order of adjudication is passed as on today. No costs.
Sd/Assistant Registrar (CS II)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
pm To 1.The Superintendent of Police, Madurai District, Madurai. 2.The Deputy Superintendent of Police, PEW – Madurai District, Madurai. 3.The Inspector of Police, PEW – Thirumangalam Police Station, Thirumangalam, Madurai District.
Copy to The Officer in charge, Chief Minister's Relief fund, Secretariat, Chennai-9
+1 CC to M/s.SPL GP ( SR-19538[F] dated 17/06/2021 )
W.P.(MD)No. 4956 of 2021 16.06.2021
KK(23.06.2021) 3P 6C
3/3
1 issue framed by the court
Whether to release the petitioner's vehicle seized in connection with illegal transportation of liquor pending adjudication?
2 provisions across 1 enactments
Ragavan
Superintendent of Police, Madurai District
Deputy Superintendent of Police, PEW – Madurai District
Inspector of Police, PEW – Thirumangalam Police Station
J.Nisha Banu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
