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Judgment
M. Jaichandren, J.—The Petitioner has come up with the present writ petition praying for a writ of mandamus to direct the first Respondent to release the van bearing Reg. No. TN-68-2534, seized by the second Respondent, on 03.09.2010.
The case of the Petitioner is that he is the owner of the van in question and the said vehicle was being used to transport 44 bags of rice, each containing 50 Kilograms, at the time of its seizure.
On notice, the learned Special Government Pleader appearing for the Respondents had pointed out that since, proceedings had been initiated, u/s 6-A of the Essential Commodities Act, 1955, the Petitioner has to approach the first Respondent for the release of the vehicle concerned. However, without doing so, he has approached this Court, by filing the present writ petition.
Considering the above facts and circumstances, the Respondents are directed to release the vehicle in question, subject to the following conditions :
(i) The Petitioner shall produce the necessary documents before the first Respondent, to establish his ownership of the vehicle in question.
(ii) The Petitioner shall deposit a sum of Rs. 10,000/-(Rupees Ten Thousand only) with the first Respondent.
(iii) The Petitioner shall give an undertaking that he will not use the vehicle for any illegal activities in future and that he would produce the same, as and when required by the first Respondent.
(iv) The Petitioner shall not alienate the vehicle in question till the disposal of the proceedings before the authority concerned.
(v) It is made clear that the release of the vehicle in question, by this order, is only an interim measure, as it would be subject to the final order to be passed by the authorities concerned, u/s 6-A of the Essential Commodities Act, 1955.
The writ petition is disposed of with the above directions. No costs. Consequently, connected miscellaneous petition is closed.