The court has the discretion to grant the release of a seized vehicle subject to fulfilling certain conditions, considering the potential depreciation in value if the vehicle is left idle.

JUDGMENT :

ABDUL QUDDHOSE, J.

Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to release the petitioner's Bolero Pickup van bearing Reg. No. TN-74-AF-3730 seized and stationed by the 3rd respondent, based on the representation given by the petitioner dated 20.10.2020, within a time to be stipulated by this Court.

1. This writ petition has been filed for a Mandamus seeking for a direction to the respondents to release the petitioner's vehicle namely Bolero Pickup van bearing Reg. No. TN-74-AF-3730 forthwith.

2. Mr. A. Muthukaruppan, learned Additional Government Pleader, accepts notice for the respondents. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3. It is the case of the petitioner that he is an agriculturist and he is the owner of the vehicle namely vehicle namely Bolero Pickup van bearing Reg. No. TN-74-AF-3730. According to him, on 06.11.2019, the third respondent seized the vehicle and registered a case in Crime No. 380 of 2019 for the offence punishable under Section 21(1) of Mines and Minerals (Regulation and Development) Act, 1957, alleging that the petitioner has illegally transported one unit of sand in his vehicle without proper bills. According to him, ever since the seizure, the vehicle is still in the custody of the third respondent and till date, no confiscation proceedings have been initiated against the seized vehicle.

4. It is also the contention of the petitioner that the vehicle has also not been produced by the third respondent before the concerned Jurisdictional Court. According to him, the seized vehicle is kept idle in the Police Station premises in the open place and exposed to the vagaries of nature, resulting in the vehicle depreciating in value.

5. According to the petitioner, he gave a representation to the respondents on 20.10.2020 for releasing of the seized vehicle back to him. According to him, the respondents have failed to respond to the said representation. In such circumstances, he has filed this Writ Petition seeking for release of the seized vehicle.

6. Admittedly, the vehicle was seized by the third respondent on 06.11.2019 and a case has been registered in Crime No. 380 of 2019 for the offence punishable under Section 21(1) of Mines and Minerals (Regulation and Development) Act, 1957, alleging that the petitioner has illegally transported one unit of sand in his vehicle without proper bill. Admittedly, the vehicle is now in the Police Station premises and kept in the open place and exposed to the vagaries of nature and has also not been produced before the Jurisdictional Court.

7. As rightly contended by the learned counsel appearing for the petitioner, the vehicle will certainly depreciate in value, if it is allowed to remain in the open place and kept idle for a long period of time. No useful purpose will be served if the vehicle is allowed to be kept idle. In similar matters, this Court has granted release of seized vehicles to the respective petitioners subject to fulfillment of certain conditions. Therefore, this Court is inclined to grant similar relief to the petitioner subject to fulfillment of the following conditions:-

(i) the petitioner shall execute a bond for a sum of Rs. 25,000/- (Rupees Twenty five Thousand only) in favour of the second respondent within a period of two weeks from the date of receipt of a copy of this order.

(ii) the petitioner shall not alienate or encumber the vehicle in question till the proceedings are completed.

(iii) the petitioner shall not change the colour and scheme of the vehicle.

(iv) the petitioner shall not use the vehicle for any illegal activities.

(v) before releasing the vehicle, the police authority shall take photographs of the vehicle at the cost of the petitioner.

(vi) the petitioner shall produce all xerox copies of the documents pertaining to the ownership of the seized vehicle to the second respondent.

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