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Judgment
This writ petition is filed seeking writ of Mandamus declaring the action of respondent No.2 in not releasing the petitioner’s vehicle i.e., Mahindra Bolero Pick Up vehicle bearing No. TS 28 T 8727 seized in POR No.4707/93 dated 06.02.2022 by respondent No.3 for interim custody to the petitioner as being illegal, arbitrary and violation of Articles 14 and 21 of Constitution of India and consequently direct the respondent No.3 to release the subject vehicle in favour of the petitioner.
Heard Sri M.V.Venu, learned counsel for the petitioner and learned Assistant Government Pleader for Forests appearing on behalf of the respondent Nos.1 to 4.
Learned counsel for the petitioner submits that respondent No.3 seized the vehicle of the petitioner without following the due procedure under the provisions of Wild Life (Protection) Act, 1972(herein after referred to as ‘the Act’ for brevity) and the vehicle is under his custody since 06.02.2022. Learned counsel for the petitioner requests the Court to direct the respondent No.3 to release the vehicle.
Learned Assistant Government Pleader submits that respondent No.3 after following the due procedure as contemplated under the Act, seized the vehicle. The proceedings POR No.4707/93 for the offences under Section 9 R/w Sections 2(16), 50 and 51(1)(1A) of Wild Life(Protection) Act, 1972 is pending before Judicial First Class Magistate Court at Bhainsa and the petitioner is not entitled to seek release of the vehicle in the present writ petition.
Having considered the rival submissions made by the respective parties, the writ petition is disposed of, directing respondent No.3 to release the petitioner’s vehicle i.e., Mahindra Bolero Pick Up vehicle bearing No.TS 28 T 8727, subject to the condition of petitioner furnishing Fixed Deposit Receipt from any Nationalized bank equivalent to the value of the vehicle assessed by the Motor Vehicle Inspector and also giving an undertaking not to create any third party rights and also to produce the vehicle whenever required by the concerned officer till the proceedings are finalized.
With the above said direction, the writ petition is disposed of. There shall be no order as to costs.
Miscellaneous petitions pending, if any, in this writ petition, shall stand closed.