Arumuganainar Vs The District Collector / Monitoring… — Writ and Judicial Review | Madras HC (2025)

Arumuganainar Vs The District Collector / Monitoring… — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Interim custody of the petitioner's TATA Ace (Regn. No. TN 69 AW 2004) directed to be released by the 1st respondent subject to conditions, including non-refundable payment of Rs.25,000/- to Aishwaryam Trust, Indian Bank, Tirunagar Branch, Madurai (A/c No.6639017788, IFSC IDIB000T032); no order as to costs; no bearing on any confiscation proceedings.

Issue for consideration

Whether the petitioner is entitled to interim custody of his TATA Ace bearing Registration No.TN 69 AW 2004, seized in connection with Crime No.337 of 2024 (illegal transport of 650 litres of White Kerosene) and presently in the custody of the respondents.

Court's answer

Keeping the seized vehicle in police custody serves no purpose; the Court concerned itself only with grant of interim custody to the petitioner, leaving confiscation proceedings open to the authority.

Ratio / Principle

Following the Court's earlier order in W.P.(MD)No.10134 of 2024 (which extracted the Supreme Court's ruling in Sunderbhai Ambalal Desai v. State of Gujarat, (2002) 10 SCC 283), the 1st respondent is directed to grant interim custody of the vehicle to the petitioner subject to specified conditions.

Key takeaways

As a condition for interim custody, the petitioner shall pay Rs.25,000/- (Rupees Twenty Five Thousand only) in favour of Aishwaryam Trust, Indian Bank, Tirunagar Branch, Madurai.ratio¶6(i)
The Rs.25,000/- payment is non-refundable and the Managing Trustee of Aishwaryam Trust is directed to spend it for the welfare of the inmates of the Trust.ratio¶6(i)
Further conditions: petitioner shall not alienate or encumber the vehicle till proceedings are completed, shall produce ownership documents (xerox copies sufficient if agreement holder), shall produce the vehicle and cooperate whenever called for enquiry, respondents shall file a report under Sec 6(A) of the Essential Commodities Act, 1955 to the Jurisdictional Collector within 30 days, and the owner may be added as an accused in the FIR if necessary.

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), per L. Victoria Gowri, J., allowed a writ petition under Article 226 seeking interim custody of the petitioner's TATA Ace (Regn. No. TN 69 AW 2004) seized by the CSCID Police, Tirunelveli, in Crime No.337/2024 for illegally transporting 650 litres of White Kerosene. Following the Court's earlier order in W.P.(MD)No.10134 of 2024 dated 25.04.2024, which extracted the Supreme Court's decision in Sunderbhai Ambalal Desai v. State of Gujarat, (2002) 10 SCC 283, the 1st respondent (District Collector) was directed to grant interim custody to the petitioner subject to conditions: (i) non-refundable payment of Rs.25,000/- to Aishwaryam Trust, Indian Bank, Tirunagar Branch, Madurai, for the welfare of inmates; (ii) no alienation or encumbrance till proceedings conclude; (iii) production of ownership documents; (iv) production of the vehicle and cooperation with enquiry; (v) report by respondents under Sec 6(A) of the Essential Commodities Act, 1955 to the Jurisdictional Collector within 30 days; and (vi) owner may be added as accused in the FIR if necessary. Breach of the undertaking disentitles future interim custody. Allowing the petition has no bearing on confiscation proceedings; no order as to costs.