CRL OP/24090/2001 of 1. AROKIAMARY LUCIA Vs STATE OF TAMILNADU on 21 December 2001

:ORDER

This Writ Petition has been filed for a direction to the respondents torelease the Petitioner-s vehicle ie., Lorry bearing registration No.TN~28~W~9464.

2. Heard the learned counsel for both sides.

3. The petitioner-s vehicle was seized in connection with illegaltransportation of sand. The enquiry in this regard is still pending.

4. The submission of the learned counsel for the petitioner is placedon record. If this submission turns out to be false, the order now passed bythis Court would stand automatically recalled and the petitioner will bevisited with serious consequences. I am of the view that no purpose will beserved by keeping the vehicle in question in the custody of the respondents.If the vehicle is kept in open space and exposed to sun light and rain, itwould lose its value. Therefore, the respondents are directed to release thesaid vehicle subject to the following conditions.

5. Accordingly, this Writ Petition is disposed of with the following directions.

?(i) If the petitioner involves in similar offence in future, he willnot be entitled to claim any relief. Since the petitioner has alreadyinvolved in similar offence, the petitioner is directed to deposit a sum ofRs.1,50,000/~ (Rupees One Lakh Fifty thousand only) before the secondrespondent;

(ii) The petitioner is directed to produce all the documents pertainingto the ownership of the seized vehicle.

(iii) The petitioner is directed to file an affidavit of undertaking that he will cause production of the vehicle in question before thecompetent/concerned respondent ( as the case may be) as and when called forand further, he will not alienate the vehicle in question till theappropriate proceedings initiated are completed;

(iv) On compliance of the above conditions, the third respondent is directed to release the seized vehicle bearing Registration No.TN~28~W~9464to the petitioner.

(v) The second respondent is directed to pass final orders in the adjudication proceedings, if any, within a period of 45 days;

(vi) This order for the release of the vehicle can be pressed into service by the petitioner only if the vehicle is not in the custody of thecriminal Court. If the vehicle is in the custody of the concerned criminalCourt of appropriate jurisdiction, then option is given to the petitioner toapproach the concerned Judicial Magistrate to get release of the vehicle, byfiling necessary application in the manner known to law and in accordancewith law; and

(vii) Inasmuch as the vehicle bearing Registration No.TN~28~W~9464 isseized by the first respondent on 29.08.2018, the aforesaid order is to becomplied with within a period of one week, if no order of adjudication ispassed as on today.No costs.

To

1. The Sub Collector,Sivagangai, Sivagangai District.

2. The Assistant Director of Mines andMinerals Department,Sivagangai District.

3. The Inspector of Police,Palathur Police Station,Sivagangai District.