Keeping Vehicle Idle in Open Space Will Diminish Its Nature and Lose Its Value: Madras High Court Orders Release of Seized Vehicle

In a significant ruling, the Madurai Bench of Madras High Court, led by the Honourable Mr. Justice M. Dhandapani, has directed the release of a vehicle seized in connection with a liquor transportation case. The Court, in its order dated 19^th January 2024, emphasised the detrimental effects of keeping a seized vehicle idle in open space, stating that it “will diminish its nature and lose its value.”

The case, Crl.R.C.(MD)No.37 of 2024, was filed by one Muneeswari against the State represented by the Inspector of Police, Dhanuskodi Police Station, Ramanathapuram District. The petitioner’s vehicle, a Honda Dio Motor Bike bearing registration No. TN 65 AR 3560, was seized following its alleged use in the illegal transportation of liquor bottles, an offence under Section 4(1)(a) of the Tamil Nadu Prohibition Act.

The petitioner had initially approached the Trial Court for interim custody of the vehicle, citing the ongoing financial obligations and potential damage to the vehicle if kept unused. However, this application was rejected, leading to the filing of the Criminal Revision Case in the High Court.

In the hearing, the petitioner’s counsel, Mr. P. Praveenkumar, argued that the vehicle was misused without the owner’s knowledge and pointed out the necessity to protect the vehicle from damage and fulfill financial commitments like EMI payments. The respondent, represented by Mr. A. Thiruvadi Kumar, Additional Public Prosecutor, opposed the plea, noting that the vehicle was involved in ongoing confiscation proceedings.

Justice Dhandapani, in his judgment, referenced the decision of the Supreme Court in Sunderbhai Ambalal Desai Vs. State of Gujarat, underscoring the importance of protecting property rights. The Court ordered the vehicle’s release on several conditions, including the execution of a personal bond of Rs. 10,000, production of the vehicle when required by the court or police, and an undertaking that the vehicle will not be used for illegal activities in the future.

Dated: 19th January 2024

Muneeswari VS State