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2023 Supreme(Mad) 1785

S. SRIMATHY
Kumerasan – Appellant
Versus
Deputy Superintendent of Police, Prohibition Enforcement Wing, Ramanathapuram – Respondent


Advocates appeared:
For the Petitioner:B. Mahendra Rajan, Advocate. For the Respondents:C. Satheesh, Government Advocate.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to release the petitioner''s two wheeler Scooty vehicle bearing Registration No.TN 65 AP 5071 within stipulated time to be fixed by this Hon''ble court by considering petitioner''s representation dated 17.04.2023.)

1. The petitioner, who is the owner of two wheeler Scooty vehicle bearing Registration No.TN 65 AP 5071, has filed this petition seeking direction directing the respondents to release the petitioner''s vehicle.

2. The 2nd respondent seized the vehicle in Crime No.477 of 2022 finding that on 20.05.2022, the petitioner''s vehicle was involved in offences under Sections 4 (1) (a) of the Tamil Nadu Prohibition Act. The complaint is that when the 2nd respondent along with his team was keeping surveillance watch over the prohibition offenders, at that time, he was involved in illegal Transportation of liquors by using the petitioner''s Motor cycle scooty bearing Registration No.TN 65 AP 5071. Finding that the vehicle was involved in prohibition offence, the vehicle was seized later and produced in the police station.

3. The contention of t

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