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Judgment
A. Raman, J.—This application is filed by the petitioner praying that the auto rickshaw bearing Registration No. TN-04-E-3144, may be
ordered to be returned to him.
The above said vehicle in involved in a case under the Prohibition Act. On 29.7.1998, in the morning hours, the Inspector of Central Intelligence
Unit and his police party intercepted the above said auto at Old Washarmenpet and found four sacks containing illicit arrack in sachets. The
information revealed that those sachets were taken for retail sales at Mylapore. Nearly 2000 sachets were seized. A case u/s 4(1)(a) of TNP Act,
has been registered. The vehicle was remanded to the Court and is now kept in Washermanpet Police Station.
Learned Government Advocate submitted that the Commissioner of Police has been addressed for confiscation of the said Auto. It is also now
reported that the confiscation proceedings has not yet been initiated. The autorickshaw is now kept in the police station. The petitioner is said to be
depending upon the auto rickshaw fore king out his livelihood. It is not stated that the petitioner has any bad antecedents. Therefore, I am of the
view ''that if the autorickshaw is ordered to be returned by way of interim custody to the petitioner, subject to conditions, the interests of everyone
concerned will be taken care of. If the auto is kept in the open, it is likely to deteriorate in value and utility. Further, it is always open to the
authorities concerned to confiscate the auto after following the procedure. Therefore, any order for interim custody to be passed cannot affect the
right to initiate the confiscation proceedings.
In the result, the interim custody of the vehicle viz., Autorickshaw bearing Registration No. TN-04-3144, is ordered in favour of the petitioner
on the following conditions:-
1) The petitioner shall execute a bond for Rs.30,000/-
i. (Rupees thirty thousand only) with two sureties for a like sum each to the satisfaction of XV Metropolitan Magistrate, G.T. Chennai.
ii. The sureties shall furnish solvency certificate from the concerned Tahsildar or Revenue Officer, as the case may be.
iii) The petitioner shall satisfy the XV Metropolitan Magistrate by producing necessary records regarding his ownership to the above said vehicle.
iv) The petitioner shall not transfer, alienate, encumber or dispose of the vehicle in any manner pending disposal of-the case.
v) The petitioner shall produce the above said auto as and when required by the court in the same condition.