N. RAMESH Vs. STATE

JUDGEMENT

(1.) Criminal Revision Case is preferred against the confiscation notice C. No. 591-22/ADSP/PEW/KGI/2014 dated 30.10.2014 directing the petitioner to produce Tempo Traveller KA-02-AC-6111 before the respondent, for the purpose of confiscation u/s. 14 of TNP Act passed by the respondent. In exercise of the powers under Section 14(4) of the Tamilnadu Prohibition Act, 1937, by impugned proceedings in C. No. 591-22/ADSP/PEW/KGI/2014 dated 30.10.2014, the Additional Superintendent of Police, (PEW), Krishnagiri District has directed the petitioner to produce vehicle viz., Tempo Traveller bearing Regn. No. KA-02-AC-6111 for valuation.

(2.) Material on record discloses that the subject vehicle was intercepted on 07.12.2012 by Prohibition Enforcement Wing, Hosur Police and found to have carried twelve persons and during search, police have recovered 9 Beer bottles and whisky bottles. A case in Cr. No. 760/2012 under Section 4(1)(a) Tamilnadu Prohibition Act, has been registered by the Prohibition Enforcement Wing, Hosur Police. Petitioner, owner of the vehicle and not an accused, has sought for a direction in Crl. M.P. No. 9310 of 2012 for release of the vehicle and by order dated 19.12.2012, the learned Judicial Magistrate No. II, Hosur, has directed release of the vehicle with a condition that the petitioner shall produce the vehicle on the first working day of every English calendar month without altering its physical appearance until further orders. Vehicle has been taken delivery.

(3.) After nearly two years, the Additional Superintendent of Police, Prohibition Enforcement Wing, Krishnagiri District vide proceedings dated 30.10.2014 has directed the petitioner to produce the vehicle for valuation. Perusal of the proceedings shows that the Inspector of Police, Prohibition Enforcement Wing, has made recommendations for production of the vehicle for valuation, failing which for confiscation.