NAGASWAMI Vs. STATE

JUDGEMENT

(1.) An autorickshaw bearing registration number TN-01-D-4017 in the process of being utilised for transport of illicit arrack was stated to have been seized by the Inspector of Police, Kavangarai Police Station, Kavangarai, Chengalpettu MGR District (respondent) on 7-6-1994 and that apart, one Nageswari (petitioner), claiming to be the owner of the said vehicle and three others were bodily present in the said vehicle. All the four were stated to have been taken into custody besides seizing the illicit arrack. A case in Crime No. 496/94 had been registered for an alleged offence under S. 4(1)(a) of the Tamil Nadu Prohibition Act, 1937 (Tamil Nadu Act X of 1937 as subsequently amended for short 'the Act') against all those four persons.

(2.) The seizure of the auto was stated to have been reported to the Court and the custody of the same had been entrusted to the Deputy Superintendent of Police, Thiruvotriyur, who, in turn, for the purpose of safe custody, entrusted the said vehicle to the respondent.

(3.) The petitioner and three other accused compounded the offence by paying money in a specified sum under the sanguine provisions adumbrated under S. 24-D of the Act and consequently, they were not prosecuted before Court.