ORDER :

The writ on hand is filed to direct the respondents to release the petitioner's Maruthi Alto LXI bearing Registration No.KL-25-N-9118 which was seized by the second respondent, the Inspector of Police on 09.03.2021 by considering the representation dated 08.04.2021.

2. A vehicle seized regarding commission of an alleged offence in a criminal case cannot be released by submitting a representation to the authorities and by filing a writ petition, seeking prayer to consider the said representation under Article 226 of the Constitution of India. The practice of releasing vehicles by submitting a representation to the police officials cannot be construed as a legal procedure, more specifically, in a pending criminal case. However, such writ petitions are filed in a routine manner by simply sending a representation to the Police investigating authorities and by filing a writ petition, seeking prayer to consider such representation. The practice will lead to corrupt activities and High Court can never encourage or pave way for such corrupt practices amongst the litigants and the public authorities. Undoubtedly, the competent authorities are thriving hard to control the offences relating to essential commodities across the State of Tamil Nadu. Such offences now became a routine affair in the State and serious steps are to be taken to control such offences relating to essential commodities as the same would affect the right of poor citizen of this great Nation from availing the free essential commodities through fair price shops and other Government institutions. In the event of issuing a routine direction to consider the representation for releasing of vehicle, which was seized for commission of an alleged offences in a pending criminal case, the same would provide an unnecessary scope and encouragement for the offenders as they are repeating the crime by utilizing the same lorry, which is being released in a routine manner by merely submitting a representation to the investigating authorities.

3. Thus, the law in force and the procedures to be followed in this regard for disposal of property are necessarily to be considered in the present writ petition.

4. The facts in nutshell are that the petitioner is the owner of Maruthi Alto LXI bearing Registration No.KL-25-N-9118 and using the vehicle for lawful purposes. The vehicle belongs to the petitioner was seized by the second respondent / the Inspector of police and now with the custody of the second respondent. The petitioner states that he was using the vehicle for riding people and earning from the business to meet out his livelihood. On 09.03.2021, the second respondent was checking the vehicle and seized the vehicle carrying load of 40kgs X 6 bags = 240 Kgs of PDS rice. A criminal case was registered in Crime No. 63 of 2021 for the offences under Section 6(4) of TNSC (RDCS) Order 1982 read with Section 7 (i)(a)(ii) of the Essential Commodities Act, 1955. Vehicle is now under the custody of the second respondent. The petitioner submitted a representation in person on 08.04.2021 to release the vehicle and the said representation is not considered. Thus, the petitioner is constrained to move the present writ petition.

5. Learned counsel for the petitioner states that in similar cases, this Court issued direction to release the vehicle on certain terms and conditions and therefore, the same order is to be passed.

6. Learned counsel appearing on behalf of the respondents seriously objected the grounds raised in the writ petition by stating that no order is passed under the provisions of the Essential Commodities Act and therefore, the writ petition is not entertainable. Only if an order is passed under Section 3 of the Essential Commodities Act, then alone Section 6(E) could be operated for bar of jurisdiction. In the present case, the vehicle was seized during routine check up by the police and a criminal case was registered and therefore, the petitioner has to approach the competen