Unjustified and vindictive conduct of the police in confiscating a vehicle without implicating the owner as an accused is not permissible under the law.

The petitioner prays for a Mandamus to direct the Station House Officer, Kottakuppam, Villupuram District, to release the vehicle bearing Registration No.PY 01 AA 3030 Bolero car, to the petitioner.

2. The following facts are sufficient for the disposal of the writ petition.

3. According to the petitioner, he is the owner of the vehicle in question, purchased in the year 2001. The vehicle was left for some minor repairs with the petitioner's mechanic on 25.2.2005 and the same was to be delivered back to him after two days. The petitioner was shocked to learn that the petitioner's vehicle was detained by the respondent on 26.2.2005 on the ground that the same was involved in a prohibition offence and a case was registered in Crime No.151 of 2005. On enquiry, the petitioner came to know that the sole accused in the criminal case, namely, one Sadiq Basha, was carrying 78 quarter bottles of brandy in two cardboard boxes on 26.2.2005. The vehicle was inspected by the respondent who had detected the same and detained the vehicle after registering a case in Crime No.151 of 2005. The accused had confessed that he had purchased the liquor bottles and was transporting the same to Chennai to give a party to his friends.

4. The petitioner further states that on enquiry, after ascertaining the facts, he requested the respondent to release the same as he was the original owner and the accused had used the same without the knowledge of the petitioner. Thereafter, the respondent directed the petitioner to approach the competent Court. The petitioner approached the District Munsif-cum-Judicial Magistrate, Vanur, for the release of the vehicle. After coming to know that the vehicle was not produced before the Court, he filed a petition on 1.3.2005 under Section 451 of Cr.P.C. seeking for custody of the vehicle before the Court. The said petition was returned on 3.3.2005 on the ground that the case property was not received by the Court and the case was also disposed of on 1.3.2005. It is only thereafter, the petitioner came to know that the criminal case was converted into S.T.C. and the said Sadiq Basha had pleaded guilty and was sentenced to undergo two weeks simple imprisonment and a fine of Rs.600/- was imposed as against the said accused.

5. Thereafter, the petitioner filed another petition under Section 457, Cr.P.C. on 1.3.2005 seeking to release the property in Crl.M.P.No.467 of 2005, whereby, the same was also closed on the ground that the case has been disposed of and hence, having no other alternative, the petitioner has approached this Court.

6. In the counter affidavit filed by the respondent, it is stated that at about 7.30 hours on 26.2.2005, the Sub Inspector of Police, Kottakuppam Police Station, along with his team, conducted checking of vehicles in Keezhputhupattu Check Post. At that time, the petitioner's vehicle was stopped and checked by the police authorities and it was found that the driver was carrying 78 Nos. of 180 ml brandy bottles below the seats of the vehicle. The driver of the vehicle was enquired and he informed that the vehicle belongs to one Suresh, son of Sampath residing at Pondicherry and that he was proceeding to Chennai with the said brandy bottles for a party with his friends and also informed that there were no proper bill or voucher or permit for the same.

7. The vehicle was seized along with the brandy bottles and was taken to the Kottakuppam Police Station and a case was registered under Section 4(1)(A) of the Tamil Nadu Prohibition Act and the driver was remanded to judicial custody. He was later produced before the Judicial Magistrate, Vanur. As the said vehicle was used for illegal purpose, it was decided to confiscate the vehicle and accordingly, a report was called for from the Automobile Engineer, Government Automobile Workshop, Villupuram. But he inspected the said vehicle only on 17.3.2005, ascertained the value of the vehicle and had submitted a detailed report on 17.3.2005 itself.