Violation of principles of natural justice and failure to follow the procedure under Section 14(4) of the Tamil Nadu Prohibition Act, 1937.

JUDGMENT :

ABDUL QUDDHOSE, J.

Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the order passed by the first respondent in his proceedings in 91-1/Parimuthal/Kaa.Koo.Kaa/Po/Ma.Vi.Aa.Pi/Erama/ 2019, dated 03.04.2020 and quash the same as illegal and consequently directing the first respondent to release the petitioner's Tata Indica Car bearing Registration No. TN-38-AR-7836, seized by the third respondent on 26.08.2019.

1. This writ petition has been filed challenging the confiscation order, dated 03.04.2020, passed by the first respondent under Section 14(4) of the Tamil Nadu Prohibition Act, 1937.

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

3. Heard Mr. T. Lenin Kumar, learned counsel appearing for the petitioner and Mr. C. Ramar, learned Additional Government Pleader appearing for the respondents.

4. According to the petitioner, the confiscation order has been passed against him without authority under law. It is contended by the learned counsel appearing for the petitioner that no notice has been given to him before passing the confiscation order. Further, it is contended by the learned counsel appearing for the petitioner that the vehicle which was carrying three persons at the time of seizure under the Tamil Nadu Prohibition Act, 1937, was carrying liquor only within the permissible limits, as per the Tamil Nadu Liquor (Possession for Personal Consumption) Rules, 1996. It is the case of the petitioner that 36 bottles of IMFL (Each containing 180ml) totally 6.480 Litres, were seized by the second respondent, which were used for personal consumption and it is within the permissible limits, as prescribed under the aforementioned Rules. Under such circumstances, this Writ Petition has been filed challenging the confiscation order passed by the first respondent. Section 14(4) of the Tamil Nadu Prohibition Act, 1937, reads as follows:-

“14.(1).......

14.(2).......

14.(3).......

14.(4) Notwithstanding anything contained in Sub-Sections (1) to (3), the Collector or other Prohibition Officer in charge of the District or any other officer authorised by the State Government in that behalf is satisfied that an offence has been committed against this Act and whether or not a prosecution is instituted for such offence, he may, without prejudice to any other punishment to which the offender is liable under this Act, order confiscation of any animal, vessel, cart or other vehicle used in the Commission of such offence:

Provided that, before passing an order of confiscation, the owner or the person from whom such animal, vessel, cart or other vehicle is seized, shall be given:

(i) a notice in writing informing him of the grounds on which it is proposed to confiscate the animal, vessel, cart or other vehicle.

(ii) an opportunity of making a representation in writing within a reasonable time, not exceeding fourteen days, as may be specified in the notice, against the grounds of confiscation.

(iii) a reasonable opportunity of being heard in the matter:

Provided further that the owner or the person from whom such animal, vessel, cart or other vehicle is seized shall be given on option to pay, in lieu of its confiscation, an amount not exceeding the market price of such animal, vessel, cart or other vehicle.

(5) Any person aggrieved by an order of confiscation under Sub-Section (4) may, within one month from the date of the receipt of such order, appeal to the Court of Sessions having jurisdiction.”

5. The confiscation order has been passed under Sub-Section 4 of Section 14 of the Tamil Nadu Prohibition Act, 1937. As seen from the said clause, a notice in writing informing the grounds on which the respondents are proposing to confiscate the vehicle, is required to be given and an opportunity should