GANESAN Vs. STATE

JUDGEMENT

(1.) This is a revision referred by the petitioner Ganesan, against the Order dated 20-9-1995, passed in Crl. M.P. No. 102 of 1995, on the file of the Court of Sessions, South Arcot Vallalar District at Cuddalore, confirming the order of confiscation, confiscating a mini-lorry, bearing registration No. TSF 3117, in R.C. Camp/L. 4/Confs/94, dated 30-11-1994.

(2.) The facts of the case need narration :-On 10-8-1993 at about 8.00 a.m. while the Sub-Inspector of Police, Reddichavadi Police Station was making vehicle check up opposite to the Reddichavadi Police Station in Pondy-Cuddalore Main Road, he noticed a mini lorry bearing registration No. TSF3117 coming and intercepted the same. When, it was checked he found 3804 IMEL sealed liquor bottles in it on transit from Pondy to Tamil Nadu without any valid licence or permit. He arrested the driver Michel, seized the contraband and the mini lorry under mahazar. A case was registered in Reddichavadi Police Station Cr. No. 381 of 1993, under Section 4(1)(a) of the Tamil Nadu Prohibition Act, 1937, during investigation, it was found that the petitioner Ganesan is the owner of the said mini-lorry.

(3.) During the course of investigation, a report and an affidavit have been submitted by the Inspector of Police to the Superintendent of Police, Prohibition Enforcement Wing, the Confiscating Officer, requesting for confiscation of the mini-lorry, since the said lorry was used for the commission of the offence under the Tamil Nadu Prohibition Act.