Madras High Court
K.Usha vs The Deputy Superintendent Of ... on 18 November, 2021
W.P.No.24350 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.11.2021
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
W.P.No.24350 of 2021
K.Usha ... Petitioner
Versus
1.The Deputy Superintendent of Police,
Prohibition Enforcement Wing,
Hosur,
Krishnagiri District.
2.The Inspector of Police,
Prohibition Enforcement Wing,
Hosur,
Krishnagiri District.
Crime No.360 of 2021 ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
to issue Writ of Director, specifically Writ in the nature of WRIT OF
MANDAMUS directing the respondents to release the petitioner's vehicle
namely, Toyota Etios Car bearing No.KA 03 MU 0949 which was seized by
second respondent in Crime No.360 of 2021 immediately.
For Petitioner : Mr.C.Munusamy
For Respondents : Mr.A.Damodaran,
Additional Public Prosecutor
*****
Page No.1 of 7
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W.P.No.24350 of 2021
ORDER
This Writ Petition has been filed to direct the respondents to
release the petitioner's vehicle namely Toyota Etios Car bearing registration
No.KA 03 MU 0949, which was seized by 2nd respondent in Crime No.360
of 2021.
2.The learned counsel for the petitioner submitted that the
petitioner is the owner of the vehicle bearing registration No.KA 03 MU
0949. The petitioner's vehicle entrusted to his driver Mathiyazhagan for
work. When the vehicle was intercepted and checked near Jijivadi check
post, Hosur by the 2nd respondent Police, 240 bottles of 180 ml (KA) 8 PM
Wishky were found and the same were seized. Thereafter, the driver of the
vehicle was arrested along with contraband and FIR was registered in Crime
No.360 of 2021, for offence, under Section 4(1)(a) of the Tamil Nadu
Prohibition Act. The learned counsel further submitted that the seizure of
the vehicle was not informed to the learned Judicial Magistrate No.II,
Hosur. He further submitted that during confiscation proceedings, show
cause notice to be issued to the noticee, reply of noticee to be considered
and thereafter only, orders to be passed. In this case, neither the
confiscation proceedings initiated, nor the vehicle of the petitioner produced
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W.P.No.24350 of 2021
before the learned Judicial Magistrate No.II, Hosur. On the other hand, the
vehicle detained in the 2nd respondent Police Station exposing to vagaries of
weather and thereby, the value of the vehicle is getting diminished.
3.He further submitted that in this case, the confiscation authority
has not followed the procedure and principle of natural justice. The vehicle
has not produced before the lower Court as a case property. In support of
his submissions, the learned counsel for the petitioner relied on the
judgment of this Court in W.P.(MD).No.12769 of 2020 (Selvaraj Vs. The
Superintendent of Police, Trichy District, Trichy) dated 28.09.2020,
wherein, in similar circumstances, this court had passed an order granting
interim custody of the vehicle.
4.The learned Additional Public Prosecutor appearing for the
respondents submitted that when the vehicle of the petitioner was
intercepted near Jijivadi Check Post, Hosur by the 2nd respondent Police,
240 bottles of 180 ml (KA) 8 PM Wishky were found and the same were
seized, driver of the vehicle arrested along with contraband, FIR was
registered in Crime No.360 of 2021, for offence, under Section 4(1)(a) of
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W.P.No.24350 of 2021
the Tamil Nadu Prohibition Act, 1937.
5.It is seen that the vehicle of the petitioner seized in the month of
May 2021 and till date the vehicle neither produced before the lower Court,
nor confiscation proceedings initiated. The vehicle has been kept in open
place, exposing to vagaries of weather.
6.It is open to the respondents to initiate and conclude the
confiscation proceedings. Till such time, this Court is inclined to grant
interim custody of the vehicle to the petitioner. Earlier, this court in a
similar situation, had granted interim custody of the vehicle to its owner.
7.In view of the above, the 2nd respondent is directed to release the
vehicle of the petitioner viz., Toyota Etios Car bearing registration No.KA
03 MU 0949 subject to the following conditions:-
(i)The petitioner is directed to pay a sum of Rs.5,000/- (Rupees
Five Thousand only) in favour of the Legal Service Authority, Krishnagiri.
It is non-refundable payment. The Legal Service Authority, Krishnagiri is
directed to spend the amount for appropriate welfare activities.
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W.P.No.24350 of 2021
(ii)The petitioner shall not alienate or encumber the vehicle in
question till the completion of the confiscation proceedings.
(iii)The petitioner shall produce all the documents pertaining to the
ownership of the seized vehicle to the 2nd respondent.
(iv)The petitioner has to produce the vehicle in question as and
when required by the 2nd respondent and he shall cooperate with the enquiry
to be conducted by the 2nd respondent.
8.Upon completion of those conditions, the 2nd respondent shall
release the vehicle forthwith without any delay. If this undertaking given by
the petitioner is breached, the petitioner will not be entitled to interim
release of the vehicle in future. Accordingly, this Writ Petition is allowed.
No costs.
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W.P.No.24350 of 2021
9.It is made clear that it is only for the interim measurement subject
to the outcome of the confiscation proceedings.
18.11.2021
Index : Yes/No
Internet: Yes/No
vv2
Note: Issue Order Copy on 24.11.2021.
To
1.The Deputy Superintendent of Police,
Prohibition Enforcement Wing,
Hosur,
Krishnagiri District.
2.The Inspector of Police,
Prohibition Enforcement Wing,
Hosur,
Krishnagiri District.
3.The Public Prosecutor,
High Court, Madras.
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W.P.No.24350 of 2021
M.NIRMAL KUMAR, J.
vv2
W.P.No.24350 of 2021
18.11.2021
https://www.mhc.tn.gov.in/judis
