GAJENDRAN Vs. STATE THROUGH INSPECTOR OF POLICE CIVIL

JUDGEMENT

(1.) THE learned counsel for the petitioner submits that the petitioner has come forward with this petition, seeking for the relief of setting aside the order dated 20.10.2008 in Crl.M.P.No. Unnumbered of 2008 passed by the learned Judicial Magistrate, Vadipatti, Madurai District and direct the respondent to return of the vehicle Mini van bearing Registration No. TN 57-M-5109 said to have been seized by the respondent police.

(2.) IT is seen that the petitioner has been implicated in this case as A-4 for the alleged offence under Sections 6 (4) of T.N.S.C.(RDCS) Order 1982 read with 7(1) (a) (ii) of the Essential Commodities Act, 1955, on the allegation of transport of 60 bags of 50 kg each PDS rice. IT is the further case of the prosecution that the vehicle owned by the petitioner, namely, Mini van bearing Registration No. TN 57-M-5109 has been seized by the respondent police on 14.08.2008 at about 8 a.m. at Vadipatti, Dindigul Road, after the respondent police intercepted the said vehicle. IT is seen that the vehicle was seized along with 60 bags of PDS rice. Thereafter, it is the version of the petitioner that the petitioner filed a petition under Section 451 of Criminal Procedure Code before the learned Judicial Magistrate, Vadipatti, seeking for the relief of return of his vehicle, Mini van bearing Registration No. TN 57-M-5109 and the learned Magistrate returned the petition by making the docket order dated 20.10.2008 on the ground that the property not yet remanded in this case.

(3.) THE learned Government Advocate on the other hand submitted that the petitioner has been implicated as one of the accused as A-4 in this case for the alleged transport of PDS rice bags in his vehicle, Mini van bearing Registration No. TN 57-M-5109. It is submitted that the said vehicle was intercepted by the respondent police on 14.08.2008 and the respondent police sezied the vehicle along with 60 bags of PDS rice. It is submitted that thereafter the respondent police sent intimation to the District Collector in respect of the seizure of the vehicle of the petitioner. THE learned Government Advocate would further submitted that as on date, the vehicle of the petitioner, namely, Mini van bearing Registration No. TN 57-M-5109 is in the custody of the respondent police.