It is not fair to send petitioner to seek alternative remedy at the time of final hearing of Writ petition.

(Writ petition filed under Article 226 of Constitution of India praying for issue of a Writ of Certiorarified Mandamus, calling for the records of the first respondent herein in C.No.67/ADSP/PEW/DPI/2001 dated 8.6.2002 and quash the same and direct the respondents herein to return the TATA 407 Tempo bearing Registration No.PY-01-H-7059 to the petitioner.)

The petitioner is the owner of a TATA 407 Tempo bearing Registration No.PY-01-H-7059. On 25.12.2001, the said vehicle was intercepted by the Inspector of Police, Prohibition Enforcement Wing of Hosur and 10,000 Arrack Sachets were recovered from the vehicle. A case, in Crime No.3246 of 2001 for offences under Sections 4(1)(aaa) and 4(1-A) of the Tamil Nadu Prohibition Act, was registered.

2. On 26.12.2001, a show cause notice was issued to the petitioner by the first respondent, under Section 14(4) of the Tamil Nadu Prohibition Act, calling upon the petitioner to show cause as to why the vehicle should not be confiscated to the Government. The petitioner submitted his explanation to the show cause notice.

3. Since no orders were passed, in pursuance of the said show cause notice, the petitioner filed a Criminal M.P.No.1175 of 2002 on the file of the Judicial Magistrate No.2, Hosur for return of the vehicle. By an order dated 22.4.2002, the said petition was allowed and the vehicle was directed to be returned to the petitioner on condition that the petitioner executed an Indemnity Bond for a value of Rs.3 lakhs. Though the petitioner executed the Bond, the vehicle was not released to him.

4. Therefore, the petitioner filed a writ petition in W.P.No.15695 of 2002. When the said writ petition came up for hearing, it was represented on behalf of the respondents that they had already filed a petition for review before the Judicial Magistrate, seeking reconsideration of the order directing return of the vehicle. On the basis of the said statement, this Court disposed of the writ petition by an order dated 15.5.2002, directing the Judicial Magistrate No.2, Hosur to dispose of the review petition. Unfortunately, both the petitioner as well as the respondents failed to bring to the notice of this Court, at the time of hearing of the previous writ petition, that there was no scope for filing a review under the Code of Criminal Procedure. But both the parties allowed the writ petition to be disposed of, on the basis of a wrong representation made by the respondents.

5. Thereafter, the first respondent passed an order dated 8.6.2002, directing confiscation of the said vehicle under Section 14(4) of the Tamil Nadu Prohibition Act and also giving an option to the petitioner to pay the estimated market value of the vehicle of Rs.94,800/-, in lieu of confiscation. Challenging the said order, the petitioner has filed the above writ petition. The writ petition was admitted on 21.6.2002 and the respondents have filed a common counter-affidavit.

6. In view of the fact that the vehicle was seized about five years ago, the petitioner has come up with a petition to fix an early date for the disposal of the writ petition. However, since the scope of the dispute involved in the writ petition lies in a narrow campus, I have taken up the writ petition itself for final disposal, with the consent of both the parties.

7. I have heard Mr.AR.L.Sundaresan, learned senior counsel appearing for the petitioner and Mr.V.Arun, learned Government Advocate appearing for the respondents.

8. Admittedly, the first respondent, who is the competent authority, issued a show cause notice dated 26.12.2001 under Section 14(4) of the Tamil Nadu Prohibition Act. After the petitioner submitted his reply to the show cause notice, the first respondent has passed the impugned order confiscating the vehicle involved in the commission of the offence and giving an option to the petitioner to pay the market value of Rs.94,800/- in lieu of confiscation. Thus, the first respondent has exercised quasi judicial functions under the St