Madurai
The Madurai Bench of Madras High Court on Tuesday ordered the release of a bus that was confiscated by the Ramanathapuram police after it was informed that the confiscation order was passed without following the procedure under the Tamil Nadu Prohibition Act.
The police had alleged that the crew had trafficked alcohol, following which a confiscation order was passed after a show cause notice was issued by the Prohibition Enforcement Wing to the owner of the bus.
However, the petitioner, Ashok Kumar from Puducherry, owner of the bus, complained that the confiscation order was passed without following the procedure contemplated under Section 14(4) of the Tamil Nadu Prohibition Act, 1937, which mandates a reasonable opportunity for hearing.
The petitioner further added that the order was passed without giving an option to pay in lieu of confiscation, an amount not exceeding the market price of the vehicle. He sought to set aside the confiscation order and release of the vehicle.
Justice G.R. Swaminathan took cognisance of the fact that the vehicle was seized only after a notice was issued and no reasonable opportunity to be heard was provided. Therefore, the court ordered the release of the vehicle.