SURESAN Vs. SUPERINTENDENT OF POLICE, COIMBATORE

JUDGEMENT

(1.) This Criminal Revision Case in Crl.R.C.No. 888 of 2014 is filed against the order of the learned Principal District & Sessions Judge, Coimbatore, dtd. 21/4/2014 in C.A.No.334 of 2012, in as much it remands the matter again to the respondent/Superintendent of Police, Coimbatore, for passing orders afresh under Sec. 14 (4) of the Tamilnadu Prohibition Act, 1937(hereinafter referred to as 'the Act'), with respect to confiscation of the petitioner's car bearing registration No. TN 38 BC 1503, by following the due procedures of affording proper opportunity of hearing and an opportunity to pay the market value of the vehicle in lieu of confiscation.

(2.) On 13/1/2002, a case in Cr.No. 48 of 2012, was registered by the Inspector of Police, Prohibition Enforcement Wing, Avinashi under Ss. 4(1)(aaa), 4(1)(a) and 7 (12) of Tamilnadu Prohibtion Act, 1937 read with Rule 567 of Tamilnadu Rectified Spirit Rules, 2000. In the course of the investigation, on 21/1/2012, the petitioner's vehilcle, being Maruti Suzuki Swift Car, bearing registration No.TN 38 BC 1503 was seized along with 35 liters empty white cans and the petitioner was arrested and remanded to judicial custody.

(3.) When the petitioner filed Crl.M.P.No.1898 of 2012 for return of the vehicle, proceeding were initiated under Sec. 14 (4) of the Act and the respondent passed an order confiscating the car on 18/4/2012. The petitioner filed appeal before the learned Principal Sessions Judge, Coimbatore and by order dtd. 10/9/2012, the Appellate Court found that the respondent (i) did not afford an opportunity of hearing; (ii) did not provide an opportunity to pay the value of the vehicle in lieu of confiscation and therefore, set aside the order of the confiscation and remanded the matter back to the respondent.