S SURESH Vs. STATION HOUSE OFFICER KOTTAKUPPAM

JUDGEMENT

(1.) THE petitioner prays for a Mandamus to direct the Station House Officer, Kottakuppam, Villupuram District, to release the vehicle bearing Registration No. PY 01 AA 3030 Bolero car, to the petitioner.

(2.) THE following facts are sufficient for the disposal of the writ petition.

(3.) ACCORDING to the petitioner, he is the owner of the vehicle in question, purchased in the year 2001. The vehicle was left for some minor repairs with the petitioner's mechanic on 25. 2. 2005 and the same was to be delivered back to him after two days. The petitioner was shocked to learn that the petitioner's vehicle was detained by the respondent on 26. 2. 2005 on the ground that the same was involved in a prohibition offence and a case was registered in Crime No. 151 of 2005. On enquiry, the petitioner came to know that the sole accused in the criminal case, namely, one Sadiq Basha, was carrying 78 quarter bottles of brandy in two cardboard boxes on 26. 2. 2005. The vehicle was inspected by the respondent who had detected the same and detained the vehicle after registering a case in Crime No. 151 of 2005. The accused had confessed that he had purchased the liquor bottles and was transporting the same to Chennai to give a party to his friends.