@JUDGMENTTAG-ORDER
M. Jaichandren, J.@mdashMr.N. Sakthivel, the learned Government Advocate, takes notice for the Respondents.
2. This Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the Respondents to release the lorry bearing Registration No. TN-10 J 7053, seized by the second Respondent, on 20.3.2011, to the Petitioner.
3. In view of the averments made by the Petitioner and taking into consideration the relief prayed for by the Petitioner and since similar orders have been passed by this Court, the second Respondent is directed to release the lorry bearing Registration No. TN-10 J 7053, to the Petitioner on his fulfilling the following conditions:
(i) The Petitioner shall establish the ownership of the vehicle by producing the necessary documents and the certificates before the Respondent including the R.C. Book.
(ii) The Petitioner shall not alienate the vehicle in any manner, till the adjudication proceedings are completed;
(iii) The Petitioner shall deposit a sum of Rs. 30,000/-(Rupees Thirty thousand only) in cash, with the second Respondent;
(iv) The Petitioner shall give an undertaking before the second Respondent that he shall not use the vehicle, for any illegal purpose, in future and that he shall also produce the vehicle, as and when it is required by the second Respondent; and
(v) This order for the release of the vehicle can be availed of by the Petitioner, if the vehicle is not in the custody of the criminal Court. If the vehicle is in the custody of the criminal Court, it is open to the Petitioner to approach the jurisdictional Magistrate to get release of the vehicle by filing an appropriate application and the same can be considered in accordance with law.
4. With the above directions, the Writ Petition is disposed of. No costs.
