1. Criminal Revision Case is preferred against the confiscation notice C.No.591-22/ADSP/PEW/KGI/2014 dated 30.10.2014 directing the petitioner to produce Tempo Traveller KA-02-AC-6111 before the respondent, for the purpose of confiscation u/s 14 of TNP Act passed by the respondent.

2. In exercise of the powers under Section 14(4) of the Tamilnadu Prohibition Act, 1937, by impugned proceedings in C.No.591-22/ADSP/PEW/KGI/2014 dated 30.10.2014, the Additional Superintendent of Police, (PEW), Krishnagiri District has directed the petitioner to produce vehicle viz., Tempo Travellor bearing Regn. No.KA-02-AC-6111 for valuation.

3. Material on record discloses that the subject vehicle was intercepted on 07.12.2012 by Prohibition Enforcement Wing, Hosur Police and found to have carried twelve persons and during search, police have recovered 9 Beer bottles and whisky bottles. A case in Cr.No.760/2012 under Section 4(1)(a) Tamilnadu Prohibition Act, has been registered by the Prohibition Enforcement Wing, Hosur Police. Petitioner, owner of the vehicle and not an accused, has sought for a direction in Crl.M.P.No.9310 of 2012 for release of the vehicle and by order dated 19.12.2012, the learned Judicial Magistrate No.II, Hosur, has directed release of the vehicle with a condition that the petitioner shall produce the vehicle on the first working day of every English calendar month without altering its physical appearance until further orders. Vehicle has been taken delivery.

4. After nearly two years, the Additional Superintendent of Police, Prohibition Enforcement Wing, Krishnagiri District vide proceedings dated 30.10.2014 has directed the petitioner to produce the vehicle for valuation. Perusal of the proceedings shows that the Inspector of Police, Prohibition Enforcement Wing, has made recommendations for production of the vehicle for valuation, failing which for confiscation.

5. Assailing the said proceedings, Mr.S.Swamidoss Manokaran, learned counsel for the petitioner submitted that the alleged occurrence has taken place on 07.12.2012 and that so far, no charge sheet has been filed. Inviting the attention of this Court to Section 4(1)(a) of Tamilnadu Prohibition Act and proviso to Section 4(1) (k) (iii), learned counsel for the petitioner submitted that nothing contained in the sub Sections 4(1)(a), shall apply to possession for personal consumption of the prescribed quantity of liquor. According to him, notice issued for production of vehicle for valuation, is without jurisdiction.

6. Heard the learned counsel for the parties and perused the materials available on record.

7. Material on record discloses that vide order dated 19.12.2012 in Crl.M.P.No.9310 of 2012, learned Judicial Magistrate No.II, Hosur has directed return of the vehicle to the petitioner on the following condition:

“The petitioner shall produce the vehicle on 1st working day of every English Calendar month without altering its physical appearance until further orders”.

8. Inspector of Police, Prohibition Enforcement Wing, has requested for confiscation as per Section 14(A) of the Tamilnadu Prohibition Act, 1937 and for the sale of the vehicle in public auction and consequently to deposit thereof. Relevant paragraph from the proceedings is extracted hereunder:

(“Tamil”)

9. Referring to an undertaking said to have been given by the petitioner for production of the vehicle and in default to pay fine, the Additional Superintendent of Police, Prohibition Enforcement Wing, Krishnagiri District has directed the petitioner to surrender the vehicle for confiscation. Section 14 of the Tamilnadu Prohibition Act, deals with how confiscation has to be ordered. Sub-sections 1 and 2 of Section 14 of the Act, deals with the power of the Court and they are reproduced.

14. Confiscation how ordered: [1] When the offender is convicted or when the person charged with an offence against this Act is acquitted, but the Court decides that anything is liable to confiscation such confiscatio