H CHUNNILAL BAGMAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner has approached this Court to issue a writ of mandamus directing the third respondent to hand over the vehicle bearing Registration No. KA-01-182 seized by the second respondent in UDSTOR No. 28/93-94 dated 22-6-1993 to the petitioner.

(2.) The case of the petitioner is briefly stated hereunder :-

(3.) Respondents 1 to 3 filed a counter-affidavit disputing various averments made by the petitioner. The writ petition filed by the financer against the respondents 1 to 3 is not maintainable. There is no provision in the Tamil Nadu Forest (Amendment) Act, 1992 (Tamil Nadu Act 44 of 1992) to entertain the financier as a registered owner. The vehicle was seized on 15-5-1993 by the Tirupattur Ranger. The occupants of the vehicle fled away from the scene of occurrence and hence nobody could be arrested. A case under S.T.O.R. No. 28/93-94 was registered and the vehicle was seized as per the Rules of Tamil Nadu Forest (Amendment) Act, 1992. Since the vehicle is involved in sandalwood smuggling, it is liable to be confiscated as per the Act. It is further contended that the Authorised Officer issued the show cause notice to the owner of the vehicle and also made necessary publication in both Tamil and English dailies on 27-11-1993 and confiscated the vehicle after giving adequate opportunity to the fourth respondent, the registered owner of the vehicle bearing Registration No. KA-01-182. The owner of the vehicle has filed WP. No. 10899 of 1993 and the same is pending before this Court. As per the provisions of the Act, the financier cannot step into the issue between the authorised officer and the registered owner of the vehicle. The petitioner is a stranger to the proceedings of the authorised officer for the purpose of issuing show cause notice. The authorised officer after giving adequate opportunity to the fourth respondent, who is the registered owner, has ordered confiscation of the vehicle on 22-12-1993. Since the confiscation order was passed, the vehicle becomes absolute property of the Government and hence the writ petition is not maintainable.