Madras High Court
Kalidass vs Additional Superintendent Of Police on 6 December, 2023
Author: B.Pugalendhi
Bench: B.Pugalendhi
W.P.(MD)No.28688 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.12.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P.(MD)No.28688 of 2023
Kalidass ... Petitioner
versus
1. Additional Superintendent of Police,
Prohibition Enforcement Wing,
Ramanathapuram District.
2. Deputy Superintendent of Police,
Prohibition Enforcement Wing,
Ramanathapuram District.
3. The Inspector of Police,
Dhanuskodi Police Station,
Ramanathapuram District.
(Cr.No.77/2023) ... Respondents
Writ Petition filed under Article 226 of the Constitution of India,
seeking for the issuance of Writ of Mandamus, to direct the respondent
to release the petitioner's two-wheeler vehicle in bearing
Reg.No.TN65AR 0423 within stipulated time to be fixed by this Court
by considering his representation dated 22.11.2023.
1/6
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.28688 of 2023
For Petitioner : Mr.B.Mahendrarajan
For Respondents : Mr.B.Thanga Aravindh,
Government Advocate
ORDER
This writ petition has been filed for a Mandamus, directing the
respondents to release the petitioner's two-wheeler bearing
Reg.No.TN65AR 0423.
2. The learned counsel appearing for the petitioner submits that
the petitioner's two wheeler bearing Reg.No.TN65AR 0423 has been
seized by the respondent Police that it was involved in a case in Cr.No.
77 of 2023 for the offence punishable under Section 4(1)(a) of the
Tamil Nadu Prohibition Act. He further submits that the petitioner is an
innocent and he is in no way connected with the offence. Therefore, he
seeks for release of the petitioner's vehicle.
https://www.mhc.tn.gov.in/judis
3. It appears that the petitioner's vehicle has been kept under the
custody of the respondent Police.
4. The seized vehicles ought to have been produced before the
concerned Judicial Magistrate. If the vehicles have not been produced,
then the concerned Judicial Magistrate can issue a direction to the
police officials to produce the seized vehicles before them and
thereafter, can consider the case of the owner of the vehicles under
Section 451 Cr.P.C.
5. In Sunderbhai Ambalal Desai and others Vs State of
Gujarat, reported in (2002) 10 SCC 283, the Hon'ble Supreme Court
has held that the seized vehicles shall not be unnecessarily kept under
the custody of Police without initiating any proceedings, pending trial
or pending confiscation.
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6. In view of the same, the respondents are directed to remand
the petitioner's vehicle to the concerned Judicial Magistrate forthwith.
The petitioner is at liberty to file an application before the concerned
Judicial Magistrate for return of his vehicle by invoking the provisions
under Section 451 Cr.P.C. In the event of filing any such application
under Section 451 Cr.P.C., the concerned Judicial Magistrate shall
consider the case of the petitioner in the light of the Judgment of the
Hon'ble Supreme Court in Sunderbhai Ambalal Desai and others Vs
State of Gujarat, reported in (2002) 10 SCC 283.
7. With the above direction, this writ petition is disposed of. No
costs.
06.12.2023
ogy
NCC : Yes / No.
Index : Yes / No.
Internet : Yes / No.
https://www.mhc.tn.gov.in/judis
To
1. The Additional Superintendent of Police,
Prohibition Enforcement Wing,
Ramanathapuram District.
2. The Deputy Superintendent of Police,
Prohibition Enforcement Wing,
Ramanathapuram District.
3. The Inspector of Police,
Dhanuskodi Police Station,
Ramanathapuram District.
https://www.mhc.tn.gov.in/judis
B.PUGALENDHI, J.
ogy
06.12.2023
https://www.mhc.tn.gov.in/judis
