G.ARUNKUMAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The prayer in the Writ Petition is for issuance of Writ of Mandamus, directing the first respondent to release the Tanker Truck Lorry bearing Registration No. TN 05 BC 6885.

(2.) The learned counsel for the petitioner submitted that the mode of seizure itself is not in accordance with the provisions of Essential Commodities Act , 1955 as well as the Control Orders, namely, Motor Sprit and High Speed Diesel (Regulation of Supply & Distribution & Prevention of Malpractices) Order, 1998. Under Section 3(j) of the Essential Commodities Act, the seizure is required to be made by a person authorised. Clause 4 of the Control Order reads as follows:

(3.) Since the Inspector of Police had seized the petitioner's Tanker without any authority, in view of Clause 4 of the Control Order, the seizure itself is illegal and consequentially the FIR requires to be quashed.