THARA Vs. INSPECTOR OF POLICE VENGAL

JUDGEMENT

(1.) This is a petition under S.482, Cr. P.C. The case of the petitioner is as follows:- His Ambassador Car KLQ 8869 has been declared involved in an offence of transportation of arrack from a neighbouring State to this State on 20-5-1987. The car has been seized. The petitioner filed an application for interim order releasing the car in his favour which was rejected by the Judicial First Class Magistrate, Trivellore, on 18th June, 1987 on the ground that S.14(4) of the Tamil Nadu Prohibition Act, 1937, prohibits such interim order.

(2.) Learned counsel for the petitioner states that S.14(4) of the Tamil Nadu Prohibition Act, 1937, as it stood amended after the Tamil Nadu Prohibition (Amendment) Act 9 of 1979, was struck down by this Court as violative of Constitution in the case reported in Shanthalakshmi v. State of Tamil Nadu, 1983 Mad LW (Cri) 74 at P.97 : (AIR 1983 Mad 232 at P.253), and that therefore the order of the Magistrate is illegal. He therefore states that the extraordinary remedy under Sec.482, Cr. P.C. is not necessary in this case and that this petition may be treated as a criminal revision petition, since the order is found clearly illegal.

(3.) Learned Public prosecutor states that S.14(4) of the Tamil Nadu Prohibition Act, 1937 was struck down by the aforementioned judgment and that there has been no appeal against that judgment.