KALAISLEVAM Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) The prayer sought for herein is for a Writ of Mandamus, directing the respondents herein to release the petitioner CHEVROLET TAVERA NEO3 bearing Registration No. TN 65 AB 8616, within the time stipulated by this Court.

(2.) The petitioner's vehicle, CHEVROLET TAVERA NEO3 bearing Registration No.TN 65 AB 8616 was seized, relating to a crime registered in Crime No.281 of 2021 on the file of the third respondent on 12/6/2021 for the alleged offence punishable under Sec. 4(1)(a) of Tamil Nadu Prohibition Act.

(3.) In view of the pendency of the investigation, the vehicle seized from the petitioner had been kept at the 3rd respondent police station and it is being exposed to sunlight and rain for the past nearly about 3 months and more. With the result, the vehicle is since getting exposed, its value is getting diminished. It is also vulnerable that its spare parts may get tampered by any third parties. Hence, in order to get back the vehicle by way of an interim custody, as it is the only livelihood for the petitioner, the petitioner has given a representation to the respondents on 22/9/2021. However, the said representation since has not been considered and the vehicle has not been released by way of interim custody, he has approached this Court by filing the present writ petition.