SARAVANAN Vs. ADDITIONAL SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) This petition has been filed to quash the confiscation proceedings of the first respondent dtd. 13/6/2017 and release the vehicle viz., Mahindra Xylo bearing registration No.TN 48-AX 4798 to the petitioner.

(2.) The brief facts leading to the confiscation proceedings is as follows : On 11/5/2017, while the prohibition wing were on patrol, the vehicle Mahindra Xylo bearing registration No.TN 48-AX 4798 was intercepted by the police team and found that 300 bottles of brandy was transported in the vehicle. Accordingly, the owner of the vehicle was arrayed as an accused and was sent to judicial custody. Thereafter, the Additional Superintendent of Police passed an Order of confiscation of the vehicle under Sec. 14[4] of the Tamilnadu Prohibition Act.

(3.) The main ground on which this petition has been filed is that no notice whatsoever is issued to the owner of the vehicle before confiscation and no opportunity has been granted. It is his further contention that on the date of the alleged service of notice, the accused was in custody and he is in Central Jail, Salem. Such being the position, serving notice to the accused is highly improbable. Therefore, no opportunity is granted to the petitioner. In support of his contention to prove that he is in custody in the Central Jail, Salem the Order passed by this Court in HCP No.1054 of 2017 on 17/8/2017 has been filed. The said Order makes it clear that in respect of the petitioner the detention Order was made on 31/5/2017. Hence, prayed for quashing the proceedings.