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Judgment
Bellie, J.—This petition is for return of a vehicle viz., a tempo van bearing Regn. No. TN74/6739 which has been seized by the police on the
allegation that it was transporting illicit liquor. It has been seized on 20-2-1993. It appears investigation is over and for the purpose of investigation
the vehicle is no longer required. It is not in dispute that the Petitioner is the owner of the vehicle.
It is not the case of the prosecution that the owner of the vehicle is an a accused. According to the Petitioner the offence has been committed
with the use of the vehicle. The only objection raised by the learned Government Advocate is that the Collector has initiated proceedings for
confiscating the vehicle since it has been involved in a prohibition offence. It is stated that the Collector has issued show cause notice to the owner
of the vehicle under the proviso to Section 14(4) of the Tamil Nadu Prohibition Act, 1937. Learned Counsel for the Petitioner says that the
Petitioner viz., the owner of the vehicle has not received any such notice so far.
Now, as per Section 14(4) the Collector can order confiscation of the vehicle which is involved in a prohibition offence. But no confiscation
order has been passed yet. Even show cause notice has not yet been served on the Petitioner. There is no point in keeping the vehicle idle. It is
needless to mention that to keep the vehicle without any use and without any protection it will get rot and be spoiled. The owner of the vehicle may
have to suffer irreparable loss. In these circumstances, I think it would be expedient to order return of the vehicle to the Petitioner-Owner with
some conditions especially regarding the production of the vehicle as and when required by the court or concerned police authorities.
Accordingly, it is ordered that the vehicle concerned in Cr. No. 786/93 on the file of the Respondent police be returned to the Petitioner subject
to the following conditions.
i) the Petitioner shall prove the ownership of the vehicle in question to the satisfaction of the Judicial Magistrate No. 11, Nagercoil, by producing
the RC book and other relevant documents;
ii) the Petitioner shall execute a bond for a sum of Rs. 1,50,000/- (Rupees one lakh and fifty thousand only) with two sureties each for a like sum
to the satisfaction of the said Magistrate;
iii) the Petitioner shall not deal with the vehicle in question in any manner whatsoever till the disposal of the case; and
iv) the Petitioner shall produce the vehicle in question as and when required by any court of law or the concerned police authorities.