WP CRL.(MD). No.1362 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 30/10/2025 CORAM THE HONOURABLE MR. JUSTICE SUNDER MOHAN WP CRL.(MD). No.1362 of 2025 Naresh ... Petitioner Vs 1.The Superintendent of Custom, Customs Division, Thoothukudi District. 2.The Inspector of Police, Q-Branch, Thoothukudi, Thoothukudi District. ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents to release the vehicle bearing Registration No.TN 69 BQ 0373 along with the legally purchased tobacco leaves upon considering the petitioner's representation dated 08.07.2025 For Petitioner : Mr.S.Vishnuvardhan, Advocate For R1 : Mr.C.Arulvadivel @ Sekar Special Public Prosecutor For R2 : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor 1/5 https://www.mhc.tn.gov.in/judis WP CRL.(MD). No.1362 of 2025 ORDER The petitioner seeks a direction to the respondents to release the vehicle bearing Registration No.TN 69 BQ 0373 along with the tobacco leaves seized from the petitioner, by considering his representation dated 08.07.2025 2. The learned Additional Public Prosecutor appearing for the second respondent would submit that the seizure was made at the instance of the first respondent. 3.The learned Special Public Prosecutor appearing for the first respondent would submit that the first respondent on 06.07.2025 conducted surveillance and observed that eight unidentified individuals congregating near the seashore; that white colour sacks were loaded into the truck bearing Registration No.TN 69 BQ 0373; that thereafter on seeing the patrol party, the individuals abandoned the vehicle and the goods; that it was found that the said sacks contained beedi leaves, which were meant to be smuggled for illegal export to Sri Lanka and that the 2/5 https://www.mhc.tn.gov.in/judis WP CRL.(MD). No.1362 of 2025 police officers seized the beedi leaves and the same was handed over to the first respondent. 4.The learned Special Public Prosecutor would further submit that since adjudication proceedings are pending under Section 122 of the Customs Act, the petitioner can approach the adjudicating authority under Section 110-A of the Customs Act, who is empowered to release the vehicle and the goods on taking a bond and that the writ petition is therefore misconceived. 5.The learned counsel for the petitioner would submit that no case was registered and therefore, the seizure is illegal. 6.In the light of the proceedings initiated by the first respondent, it cannot be said that there are no proceedings pending. The Police Officials seized the goods and handed over the same to the Customs Department. Since adjudication is pending in terms of Section 122 of the Customs Act, the petitioner, therefore, is at liberty to approach the Adjudicating Authority under Section 110-A of the Customs Act for 3/5 https://www.mhc.tn.gov.in/judis WP CRL.(MD). No.1362 of 2025 release of the vehicles and goods. It is needless to say that the Adjudicating Authority shall pass orders in accordance with law. 7.With the above observations, this Writ Petition is disposed of. No costs. 30.10.2025 NCC: Yes/No Internet : Yes/No Index:Yes/No cp To 1.The Superintendent of Custom, Customs Division, Thoothukudi District. 2.The Inspector of Police,, Q-Branch, Thoothukudi, Thoothukudi District. 3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/5 https://www.mhc.tn.gov.in/judis WP CRL.(MD). No.1362 of 2025 SUNDER MOHAN,J CP ORDER IN WP CRL.(MD) No.1362 of 2025 Date : 30/10/2025 5/5 https://www.mhc.tn.gov.in/judis