Murugadhas Vs The District Revenue Officer — Writ and Judicial Review | Madras HC (2025)

Murugadhas Vs The District Revenue Officer — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

First respondent directed to grant interim custody of the seized vehicle (Mahindra Shift Baleno Car, Regn. No. TN-75-AM-8364) to the petitioner forthwith upon compliance with the imposed conditions (payment of Rs.25,000/- non-refundable to the Superintendent, Government Observation Home; non-alienation/encumbrance; production of ownership documents; cooperation with enquiries), without prejudice to any confiscation proceedings; no order as to costs.

Issue for consideration

Whether interim custody of the petitioner's vehicle seized in connection with Crime No.351 of 2024 (said to have been used for illegally transporting PDS rice) should be granted to the petitioner.

Court's answer

No purpose would be served in keeping the seized vehicle in the respondents' custody; therefore, following the Supreme Court's decision in (2002) 10 SCC 283 (Sunderbhai Ambalal Desai), the first respondent was directed to grant interim custody of the vehicle to the petitioner subject to the specified conditions.

Ratio / Principle

Allowance of the writ petition will not have any bearing on the confiscation proceedings that may be initiated by the authorities; there shall be no order as to costs.

Detailed headnote1 paragraphs

W.P.(MD)No.6327 of 2025 (Madurai Bench of Madras High Court, Vivek Kumar Singh, J., 18.03.2025): Petitioner sought interim custody, via a Writ of Mandamus under Article 226, of his Mahindra Shift Baleno Car (Regn. No. TN-75-AM-8364) seized by the second respondent (Inspector of Police, Civil Supplies CID) on 21.12.2024 in connection with Crime No.351 of 2024 for alleged illegal transport of PDS rice, the vehicle being then in the first respondent's (District Revenue Officer's) custody. Relying on the Supreme Court's decision in (2002) 10 SCC 283 (Sunderbhai Ambalal Desai v. State of Gujarat), the Court held that no purpose is served in keeping the seized vehicle with the authorities and directed the first respondent to grant interim custody to the petitioner subject to conditions: (a) non-refundable payment of Rs.25,000/- to the Superintendent, Government Observation Home, Madurai for inmates' welfare with a deployment report to the Registrar (Administration), overseen by the Chairman, Juvenile Justice Board; (c) no alienation or encumbrance till completion of proceedings; (d) production of ownership documents (xerox copies sufficient for agreement holders); (e) production of the vehicle and cooperation as and when required for enquiry. Interim custody to be granted forthwith on completion of formalities; breach of undertaking disentitles future custody. The Court clarified that allowing the petition has no bearing on confiscation proceedings that may be initiated; no order as to costs.

W.P.(MD)No.6327 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 18.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH

W.P.(MD)No.6327 of 2025

Murugadhas

... Petitioner

-vs-

The District Revenue Officer, (*)Madurai District,

Madurai.

The Inspector of Police, Civil Supplies Crime Investigation Department, (*)Madurai . ... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to release the Mahindra Shift Baleno Car bearing Registration No. TN-75-AM-8364 seized by the second respondent on 21.12.2024, to the petitioner.

For Petitioner : Mr.T.Leninkumar For Respondents : Mr.C.Venkatesh Kumar (R1) Spl. Government Pleader Mr.K.Gnanasekaran (R2) Government Advocate (Crl. Side)

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W.P.(MD)No.6327 of 2025

ORDER

Heard both sides.

The petition mentioned vehicle was seized in connection with Crime No.351

of 2024 registered on the file of the second respondent.

The petition mentioned vehicle is presently in the custody of the first respondent. The vehicle is said to have been used for illegally transporting PDS rice.

It is of course open to the respondent authority to initiate confiscation proceedings. In this case, we are concerned only with the issue of granting interim custody of the vehicle to the petitioner.

No purpose will be served in keeping the vehicle under the custody of the respondents. 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:-

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W.P.(MD)No.6327 of 2025

“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.

Therefore, the first respondent is directed to grant interim custody of the said vehicle to the petitioner subject to the following conditions:-

a) The petitioner is directed to pay a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) in favour of the Superintendent, Government Observation Home, No.164, Kamarajar Salai, Madurai – 625 009, in Bank Account Number : 161401000024282, IFSC Code : IOBA0001614, Indian Overseas Bank, Teppakulam. It will be a non refundable payment.

b) The Superintendent of the Observation Home is directed to spend the said amount for the welfare of the institution or that of its inmates or towards the rehabilitation of its former inmates. The Superintendent shall submit a report to the Registrar (Administration), Madurai Bench of the Madras High Court, Madurai indicating the exact deployment of funds. The bills and other relevant materials will be enclosed along with the report. The

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W.P.(MD)No.6327 of 2025

Chairman, Juvenile Justice Board, Madurai will oversee the process and ensure the end-use.

c) The petitioner shall not alienate or encumber the vehicle till the proceedings are completed.

d) The petitioner shall produce all the documents pertaining to the ownership of the seized vehicle. If the petitioner is an agreement holder, he can produce the relevant xerox copies.

e) As and when the respondents call for the vehicle for enquiry, the petitioner has to produce the vehicle in question and he shall cooperate with the enquiry to be conducted by the respondents.

Upon completion of these formalities, the respondents shall grant interim

custody of the vehicle forthwith to the petitioner without any delay. If this undertaking given by the petitioner is breached, the petitioner will not be entitled to interim custody of the vehicle in future.

8. The Writ Petition is allowed accordingly. I make it clear that allowing of this writ petition will not have any bearing on the confiscation proceedings that may be

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initiated by the authorities. There shall be no order as to costs.

Sd/18.03.2025

(*)Corrected as per the order of this court dated 02.04.2025 made in WP(MD).No. 6327 of 2025.

Sd/-

Assistant Registrar

// True Copy //

/04/2025 Sub Assistant Registrar( )

PKN

TO:-

The District Revenue Officer, (*)Madurai District,

Madurai.

The Inspector of Police, Civil Supplies Crime Investigation Department, (*)Madurai .

The Superintendent of the Observation Home, No. 164, Kamarajar Salai, Madurai – 625 009.

The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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W.P.(MD)No.6327 of 2025

+1 CC to M/s.T.LENIN KUMAR, Advocate ( SR-17868[F] dated 19/03/2025 )

+1 CC to M/s.SPL.GP ( SR-17923[F] dated 19/03/2025 )

+1 CC to M/s.T.LENIN KUMAR, Advocate ( SR-22343[F] dated 03/04/2025 )

W.P.(MD)No.6327 of 2025 Dated:18.03.2025

VN(15/04/2025) 6 P / 8 C

Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.

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