O R D E R

This writ petition has been filed for directing respondents to release the petitioner's two wheeler vehicle bearing registration No.TN 76 E 2489 which was seized by the third respondent on 01.10.2021 in pursuance to the registration of case in Crime No.485 of 2021 on the file of the third respondent, forthwith in accordance with law by considering the representation dated 10.05.2022.

2. Mr.C.Senthil Murugan, learned counsel for the writ petitioner is before this Court. Mr.P.Thambidurai, learned Government Advocate accepts notice on behalf of all the three respondents.

3.With the consent of both sides, the main writ petition is taken up and heard out.

4. In a similar case another Hon'ble Single Judge has ordered release of the seized vehicle on certain terms which was seized for the alleged violation of Sections 4(1)(a) of the Tamil Nadu Prohibition Act, 1937. This Court vide order dated 09.07.2020 in W.P.(MD)No. 2679 of 2020 (Sathiah v. The State of Tamil Nadu and Others) and also placed reliance on the order dated 06.06.2019 made in Crl.O.P.No.11945 of 2019. In the said orders the vehicle was released on terms.

5. The respondents relied on G.O.Ms.No.39 Home, Prohibition and Excise (VIII) Department dated 22.10.2019, to sustain the contention that the second respondent can very well auction the vehicle in question. But the said Government order will come into play after the confiscation is done under Section 14 of Tamil Nadu Prohibition Act 1937. In this case, there is nothing on record to show the fulfillment of formalities set out in Section 14(4) of the Tamil Nadu Prohibition Act. Therefore, the question of auctioning the vehicle even without formal confiscation does not arise at all. Also, it does not mean that the vehicle involved in criminal case should not be produced before the Jurisdictional Court. In fact, the provisions of Criminal Procedure Code envisage that the seized vehicle should be produced before the Jurisdictional Court and the party concerned can avail the right to claim the vehicle by way of interim or final custody.

6. However the vehicle was standing without any usage from

01.10.2021 and the vehicle would be rusting. Hence this Court is following the similar orders and granting the same relief to the petitioner.

7.Therefore, there shall be a similar order in this case and the order is a follows:

7.1. It is made clear that it is very much open to the respondents herein to initiate and conclude the confiscation proceedings. The only relief this Court is granting is interim custody of the vehicle and this Court has not gone into the merits of the matter.

7.2. Therefore, the respondents are directed to release the said vehicle subject to the following conditions:

a) The petitioner is directed to pay a sum of Rs.3,000/- (Rupees Three Thousand only) to the credit of the Officer-in-Charge, High Court Legal Services Committee, Madurai Bench of Madras High Court, Madurai, S.B.A/c.No.496037387, IFSC : IDIB000H040, Indian Bank, High Court Branch, Madurai. It will be a non-refundable payment. The Registrar (Judicial) is directed to spend the amount for appropriate welfare activities such as feeding the disadvantaged communities in Madurai District;

b) The petitioner shall not alienate or encumber the vehicle in question till the proceedings are completed;

c) The petitioner shall produce all documents pertaining to ownership of the seized vehicle; and d) when the respondents call for the vehicle for enquiry, the petitioner has to produce the vehicle in question and he shall cooperate with the enquiry to be conducted by the respondents.

7.3.Upon completion of these formalities, the respondents shall release the vehicle forthwith without any delay. If aforementioned undertaking given by the petitioner is breached, the petitioner will not be entitled to interim release of the vehicle in future.

8. This Writ Petition is disposed of in aforesaid manner without any order as to costs.

20.05.2022 Index :Yes / No Internet :Yes /