LAWS(MAD)-2018-8-624

GANESAN Vs. THE STATE AND ANOTHER

Decided On August 03, 2018
GANESAN Appellant
V/S
The State And Another Respondents

JUDGEMENT

(1.) The prayer sought for in the present petition is to direct the respondents police to release the vehicle bearing registration No. TN-09-BA 2143 (Ford Ikon) and comply the order of the Learned Magistrate in Crl.M.P. No. 1777 of 2018 dated 26.04.2018.

(2.) The second respondent police registered a case in Crime No. 86 of 2018 on 07.03.2018 under Sections 4(1) (aaa) and 4 (1-A) of the Tamil Nadu Prohibition Act and under Sections 7 &11 of the Tamil Nadu Rectified Spirit Rules 2000 and seized a Ford Car bearing registration No. TN-09-BA 2143, in which the contravent was being transported. The petitioner claiming to be the owner of the said car, filed a petition in Crl.M.P. No. 1777 of 2018 under Section 451 and 457 of Cr.P.C for interim custody of the car. On 26.04.2018 (wrongly typed as 26.04.2017), the Learned Judicial Magistrate, Madurantakam has passed the following order;

(3.) Now the present Criminal Original Petition has been filed for a direction to the respondent police to hand over the car pursuant to the order dated 26.04.2018 passed by the Learned Judicial Magistrate, Madurantakam.