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2021 Supreme(Mad) 1137

S.M.SUBRAMANIAM
Chinnappa – Appellant
Versus
District Revenue Officer, O/o. The District Collector, Coimbatore – Respondent


Advocates Appeared:
For the Petitioner: Mr. R. Rajadurai for Mr. M. Vinoth.
For the Respondent:Mr. S. John J. Raja Singh, Government Advocate.

ORDER :

The writ on hand is filed to direct the respondents to release the petitioner's Ashok Leyland Dost Lorry bearing Registration No.CW8184 which was seized by the second respondent, the Inspector of Police on 21.04.2021 by considering the representation dated 23.04.2021.

2. A lorry 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 lorries 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 relat

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