EASU ASAIMUGAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Easu alias Asaimugam. the petitioner herein filed an application for return of the Mini Lorry involved in the offences under Sections 3(1) (g), 4(1)(aaa) and 4 (1A) of T.N.P. Act before the lower Court. The same was dismissed. Hence this revision.

(2.) According to the counsel for the petitioner, he is the owner of the Mini Lorry bearing Registration No. TN 22Z 0468 and as he was a Contractor to supply milk to Tamilnadu AAVIN Milk Unit; he used the vehicle for transporting milk to the AAVIN Unit and as he is the member of the D.M.K. party of the Kannigaiper village, at the instance of the opposite ruling party a false case was foisted against him and the vehicle in question was seized as if the same was involved in the case relating to the offences under T.N.P. Act.

(3.) The learned Government Advocate would oppose the said contention stating that the petitioner is the main accused in the case in Crime No. 510/2001 under Section 4(1) (g), 4(1) (aaa) read with 4(1A) of T.N.P. Act. The vehicle with Registrat A 6606, a Mini Lorry which was engaged in the transport of Jaggery and other raw materials which are intended for manufacture of illicit arrack and also the illicit arrack suspected to contain the poisonous substance, was seized on 26.8.2001 and the petitioner is the first accused in the above case and as such, he would not be entitled to the release of the vehicle.