Petitioner sought release of a seized bullock cart kept by police. Court held retention serves no purpose and causes value loss. Relying on Supreme Court precedent, ordered immediate release via appropriate bond.
Direct release of the seized bullock cart forthwith without any delay.
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W.P.(MD)No.614 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.01.2021 CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.614 of 2021
Kumaresan ... Petitioner
Vs 1.The District Collector, Karur District, Karur.
2.The Revenue Divisional Officer, Karur Division, Karur.
3.The Assistant Director, Geology and Mines Department, Karur District.
4.The Inspector of Police, Vangal Police Station, Karur District. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the fourth respondent to release the bullock cart seized by the fourth respondent on 02.01.2021.
For Petitioner : Mr.C.Mohankumar For Respondents : Mr.C.Ramesh Special Government Pleader
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. https://hcservices.ecourts.gov.in/hcservices/ On the other hand, it will contribute to loss of value. Even
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W.P.(MD)No.614 of 2021
though the criminal case has been registered, the vehicle in question is yet to be produced before the jurisdictional Court. The case is still under investigation. Therefore, the Writ Court will always have the power to direct release of vehicle.
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.
/ /2021 Sub Assistant Registrar(CS)
rmi
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.
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W.P.(MD)No.614 of 2021
To 1.The District Collector, Karur District, Karur. 2.The Revenue Divisional Officer, Karur Division, Karur. 3.The Assistant Director, Geology and Mines Department, Karur District. 4.The Inspector of Police, Vangal Police Station, Karur District. +1 CC to Mr.S.GOKUL RAJ, Advocate ( SR-1257[F] dated 19/01/2021 ) +1 CC to SGP ( SR-1394[F] dated 20/01/2021 ) W.P.(MD)No.614 of 2021 19.01.2021 KM (27.01.2021) 3P 7C
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1 issue framed by the court
Whether the seized bullock cart should be released by the police forthwith pending the criminal trial.
Colour shows how this judgement treated each authority
Sunderbhai Ambalal Desai and Others V. State of GujaratApplied¶20
(2002) 10 SCC 283 (Sunderbhai Ambalal Desai and Others V. State of Gujarat) · Who else cites this
Kumaresan
The District Collector, Karur District
The Revenue Divisional Officer, Karur Division
The Assistant Director, Geology and Mines Department
The Inspector of Police, Vangal Police Station
G.R. Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
