The main legal principle established is that in cases of vehicle seizure, the court may allow the use of immovable property as security for release of the vehicle, instead of a fixed deposit receipt.

JUDGMENT

R. Raghunandan Rao, J. - a Motorcycle bearing No.TN-18-aW-3295 belonging to the petitioner had been seized on 11.11.2021, by the 3rd respondent on the ground that the said vehicle was transporting contraband. after seizure of the vehicle, the petitioner had approached the 2nd respondent for release of the vehicle. Vide proceedings in C.No.755/SEB-CTR/2021/a, dated 22.02.2022 the 2nd respondent had directed the release of the vehicle into the interim custody of the petitioner subject to the condition to furnish a fixed deposit receipt equal to the value of the vehicle, as certified by the relevant Motor Vehicle Inspector.

2. aggrieved by the said condition, the petitioner has approached this Court.

3. In similar circumstances, this Court had directed the release of such vehicles into the custody of their owners pending disposal of the main case.

4. accordingly, this writ petition is allowed with the following directions:

i) The condition stipulated by the 2nd respondent vide proceedings in C.No.755/SEB-CTR/2021/a, dated 22.02.2022, for furnishing security by way of deposit is modified and petitioner is permitted to furnish immovable property as security equivalent to the value of the said vehicle.

i) The respondents are directed to release the seized vehicle into the interim custody of the petitioner by taking immovable property security equivalent to the value of the said vehicle from the petitioner within a period of one week from the date of submission of the said security.

ii) The petitioner shall submit solvency certificate of the immovable property issued by the competent authority i.e., Tahsildar/Panchayat Secretary/Municipal Commissioner having jurisdiction over the area where the property is situated.

iii) The petitioner shall produce encumbrance certificate obtained from online issued by the competent authority stating that the property is free from all encumbrances.

iv) The petitioner shall produce an affidavit stating that the immovable property which is produced as security for release of the vehicle shall not be alienated without knowledge/permission of the confiscating authority.

v) The petitioner shall produce the vehicle whenever it is required by the concerned authorities during pendency of the proceedings before them.

vi) The petitioner shall not alienate the vehicle during the pendency of the proceedings.

5. There shall be no order as to costs. as a sequel, pending miscellaneous petitions, if any, shall stand closed.