R MALAR KODI Vs. STATE REP

JUDGEMENT

(1.) This petition has been brought forth seeking to set aside an order of confiscation of the vehicle bearing Registration No.TSC-655 passed by the second respondent dated 5.1.1998 and further to direct the 2nd respondent to release the said vehicle to the petitioner.

(2.) Without going into the merits or otherwise of the rival submissions, what are all required to be stated is that the present petition is not maintainable.

(3.) An offence under the Tamil Nadu Prohibition Act was alleged to have been committed on 16.9.1997 at 9.15 A.M. The first information was lodged on the very day by 11.30 A.M. against one Rajan and Ramesh. At that time, the present petitioner calling herself to be the owner of the vehicle was not added as an accused. Hence, a notice was served under Sec.14(4)(i) of the T.N.P. Act. The same was challenged by the petitioner in W.P.No.17238 of 1997, wherein a direction was given to the Additional Superintendent of Police, Villupuram to give an opportunity to the petitioner. Accordingly, the petitioner filed an explanation on 9.12.1997. An order was passed on 5.10.98 under Sec.14(3) of the T.N.P. Act ordering confiscation of the said vehicle.