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Judgment
N.Nagaresh, J
The petitioner, who is the registered owner of a lorry, is before this Court seeking to command the respondents to release the petitioner's vehicle.
The petitioner states that he is owner of a lorry bearing Registration No.KL-54N-6649. On 15.06.2022, the Station House Officer of Vengara Police Station seized the vehicle of the petitioner on an allegation that it was illegally transporting metal from a crusher unit without having a valid pass. It is aggrieved by the said seizure that the petitioner has approached this Court.
The petitioner would submit that the vehicle had got a valid Transit Pass to transport metal. It is in spite of a valid Transit Pass that the vehicle was taken into custody. The petitioner can produce the Transit pass. If the vehicle is retained in custody by the respondents, the petitioner will be put to untold hardship and loss.
The Government Pleader entered appearance and resisted the writ petition. The Government Pleader controverted all material allegations made by the petitioner in the writ petition.
It is pointed out by the Government Pleader that at the time of seizure, the petitioner failed to produce any Transit Pass. Ext.P2 Transit Pass, now produced before this Court, was not made available by the driver of the vehicle. Therefore, seizure of the vehicle is perfectly justified.
The Government Pleader further argued that though the petitioner has now produced Ext.P2 Mineral Transit Pass dated 15.06.2022 and the seizure of the vehcile was also on the same day, the respondents have reliable information that there is misuse of Transit Pass by the petitioner. Therefore, the writ petition is liable to be dismissed.
I have heard the learned counsel for the petitioner and the learned Government Pleader for the respondents.
The vehicle of the petitioner was seized on 15.06.2022 by the 1st respondent on an allegation that the driver of the vehicle did not possess a valid Transit Pass at the time of seizure. The petitioner has produced Ext.P2 Transit Pass before this Court. Ext.P2 would show that it was issued on 15.06.2022. Ext.P2 Transit Pass also bears the registration number of the vehicle.
Therefore, this Court is of the view that the seizure of the vehicle and any further proceedings against the petitioner for the incident that allegedly happened on 15.06.2022, cannot be justified.
In the facts of the case, the writ petition is disposed of directing the respondents to release the petitioner's vehicle bearing Registration No.KL-54N-6649 to the petitioner, forthwith.