Veeramanikandan v. District Collector, Ramanathapuram District, Ramanathapuram
2020-10-06
ABDUL QUDDHOSE
body2020
DigiLaw.ai
JUDGMENT : (Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents herein to pass appropriate orders to release the petitioner's Bajaj Pulsar 150 CC bike bearing Registration No.TN 63, BW 1522, which was seized by the fourth respondent.) 1. This writ petition has been filed for a Mandamus to direct the respondents to pass appropriate orders to release the petitioner's Bajaj Pulsar 150 CC bike, bearing Registration No.TN 63 BW 1522, which was seized by the fourth respondent on 27.09.2020. 2. Heard Mr.M.Gurudass, learned counsel appearing for the petitioner and Mr.M.Rajarajan, learned Additional Government Pleader appearing for the respondents. 3. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. 4. It is the case of the petitioner that he is the owner of the aforementioned vehicle and while he was proceeding towards Rameshwaram on 27.09.2020 along with a pillion rider, who was a Law College student, the Police officials unlawfully stopped their vehicle and demanded illegal gratification. Since the petitioner refused to accede to the request, the fourth respondent Police seized the vehicle and falsely foisted a case against the petitioner, alleging that the petitioner and the pillion rider were transporting 650 ml of 12 beer bottles and the fourth respondent Police registered a case in Crime No.443 of 2020. The fourth respondent also seized the vehicle on the same date. 5. It is the contention of the petitioner that he is never involved in any illegal transportation of liquor bottles as alleged by the Police and he has not committed any prior criminal offence. According to the petitioner, the seized vehicle is now being kept in the open place and due to exposure of sun and rain and the vagaries of nature, the vehicle will loss its value and may, ultimately become a wreck and worthless. In such circumstances, this Writ Petition has been filed seeking for release of the said vehicle. 6. The petitioner has also given a representation on 28.09.2020 to the respondents seeking for release of the said seized vehicle. According to the petitioner, the said representation has not been considered by the respondents till date.
In such circumstances, this Writ Petition has been filed seeking for release of the said vehicle. 6. The petitioner has also given a representation on 28.09.2020 to the respondents seeking for release of the said seized vehicle. According to the petitioner, the said representation has not been considered by the respondents till date. As rightly contended by the petitioner, if the vehicle, which was seized by the fourth respondent, is kept in the open place, it will not be useful to anyone in the near future and if it is continued to remain in the open, it has to face the vagaries of nature and ultimately will become a wreck and worthless. However, whether the petitioner has committed the alleged offence or not can be adjudicated only after trial before the Criminal Court. Till such time, the vehicle cannot be kept idle. Therefore, this Court is inclined to grant an order as sought for by the petitioner in this Writ Petition, subject to the fulfillment of the following conditions by the petitioner. (i) the petitioner shall execute a bond for a sum of Rs.5,000/-(Rupees Five Thousand only) in favour of the second respondent within a period of two weeks from the date of receipt of a copy of this order. (ii) the petitioner shall give an unconditional undertaking to the second respondent that he shall not alienate or encumber the vehicle in question without permission of the Jurisdictional Magistrate till the completion of the confiscation proceedings (iii) the petitioner shall not change the colour and scheme of the vehicle. (iv) the petitioner shall not use the vehicle for any illegal activities. (v) before releasing the vehicle, the police authority shall take photographs of the vehicle at the cost of the petitioner. (vi) The petitioner shall produce all xerox copies of the documents pertaining to the ownership of the seized vehicle to the second respondent. (vii) As and 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. Upon completion of the above mentioned formalities, the fourth respondent shall release the vehicle viz., Bajaj Pulsar 150 CC bike bearing Registration No.TN 63 BW 1522 to the petitioner forthwith without any delay.
7. Upon completion of the above mentioned formalities, the fourth respondent shall release the vehicle viz., Bajaj Pulsar 150 CC bike bearing Registration No.TN 63 BW 1522 to the petitioner forthwith without any delay. If this undertaking given by the petitioner is breached, the petitioner will not be entitled to interim release of the vehicle in future. As far as confiscation proceedings initiated against the seized vehicle is concerned, the same can go on without any interference. 8. The Writ Petition is disposed of accordingly. There shall be no order as to costs.