AI Structured Summary
Not yet generated for this judgment
Judgment
Honourable Mr. Justice R. Sudhakar, J.—This Writ Petition is filed praying to issue a Writ of Mandamus, directing the respondents to release and hand over the Eicher Mini Lorry bearing Registration No. TN-07-E-3328 to the petitioner, which was seized by the first respondent on 08.03.2012 on any condition as may be imposed by this Court. Mr. N. Srinivasan, learned Additional Government Pleader appears for the respondents.
Petitioner claims to be the owner of the vehicle which apparently has been seized by the first respondent on allegation of transporting illicit liquor. F.I.R. dated 8.3.2012 has been lodged before the Judicial Magistrate, Madurantakam in Crime No. 149 of 2012. However, on the last portion of the FIR it is stated that since the vehicle is liable for confiscation, the same has not been surrendered before the court.
Petitioner now pleads that no action has been taken either to surrender before the court or issue proceedings for confiscation.
The authority is keeping the vehicle as such, which is not entitled in terms of Section 14(4) of the Tamil Nadu Prohibition Act, 1937. It is stated that the proceedings contemplated has not been followed.
In view of the above, the petitioner is at liberty to make an application to the competent authority for release of vehicle, if no action has been initiated in terms of Section 14 of the Act and the authority is bound to comply with the requirement of law, if not, the vehicle should be released or else it shall be dealt with in appropriate manner as per law either by producing before the competent court or by way of release, if there is no action taken in accordance with law. The Writ Petition is disposed of as above. No costs. Consequently, connected miscellaneous petition is closed.