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Judgment
M. Jaichandren, J.—Heard the learned Counsel appearing on behalf of the Petitioner and Mr. N. Sakthivel, the learned Government
Advocate appearing on behalf of the Respondents.
This Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the first Respondent to return the Tractor and Trailer bearing
Registration No. TN-21-E-1057 and TN-21-E-1057, seized on 16.06.2011, to the Petitioner.
In view of the averments made by the Petitioner and taking into consideration the relief prayed for by the Petitioner and since, similar orders
have been passed by this Court, the first Respondent is directed to release the Tractor and Trailer bearing Registration No. TN-21-E-1057 and
TN-21-E-1057, to the Petitioner, forthwith, on his fulfilling the following conditions:
(i) The Petitioner shall establish the ownership of the vehicle, by producing the necessary documents and the certificates, before the second
Respondent, including the R.C. Book.
(ii) The Petitioner shall not alienate the vehicle, in any manner, till the adjudication proceedings are completed.
(iii) The Petitioner shall deposit a sum of Rs. 30,000/-(Rupees Thirty thousand only), in cash, with the first Respondent, which will be subject to the
final orders to be passed in the adjudication proceedings.
(iv) The Petitioner shall give an undertaking before the first Respondent that he shall not use the vehicle, for any illegal purpose, in future and that he
shall also produce the vehicle, as and when it is required by the second Respondent.
(v) This order for the release of the vehicle can be availed of by the Petitioner, if the vehicle is not in the custody of the criminal Court. If the vehicle
is in the custody of a criminal Court, it would be open to the Petitioner to approach the Magistrate concerned to get the vehicle released by filing
an appropriate application, in accordance with law.
With the above directions, the Writ Petition is disposed of. No. costs.