Facts of the Case

Saran Sundar filed a writ petition before the Madurai Bench of the Madras High Court seeking removal of a seal placed on his transport office-cum-loading point (M.S.S.Transport) at Vatchakarapatti, Virudhunagar District, by the Tahsildar and the Inspector of Police.

The petitioner cited his GST Registration Certificate and a representation dated 25.10.2023 as evidence of his bona fide business, seeking permission to remove goods lying inside the sealed premises.

The order indicates that the seizure was connected to a matter that would result in criminal prosecution against both the petitioner and another entity, M/s.Mettur Logistics, with the second respondent (police) directed to file a final report as expeditiously as possible.

The matter was heard and decided by a Single Judge on 03.11.2023, days before the Diwali festival.

Issues Involved

  1. Whether the petitioner should be granted interim relief in the form of unsealing his premises and custody of the seized goods, pending the ongoing criminal investigation.

Petitioner's Arguments

  • The petitioner sought unsealing of his premises and release of the goods inside, relying on his GST registration certificate to establish that he was running a legitimate transport business.

Respondent's Arguments

  • The respondents' position, as reflected in the order, was that a criminal prosecution against the petitioner and M/s.Mettur Logistics would proceed, and the second respondent was to file a final report in due course.

Court Order / Findings

  • The Court granted only the limited relief of handing over custody of the seized items, explicitly citing the impending Diwali festival as the humanitarian reason for granting this narrow relief.
  • It directed the Tahsildar to unseal the premises, permitted the petitioner to remove and sell the materials kept inside, and directed the police to prepare a mahazar (inventory) and other documentation, with the petitioner to sign the required forms.
  • As a condition, the petitioner was required to remit Rs.5,000 to a Government Children's Home (orphanage) in Madurai and furnish proof of the remittance before the premises would be unsealed.
  • Crucially, the Court made clear that the criminal prosecution against the petitioner and M/s.Mettur Logistics would continue, and the police were to file the final report expeditiously — the writ petition did not resolve or dismiss the underlying criminal case.

Important Clarification

This is a narrow, time-sensitive interim order releasing custody of goods ahead of a festival — it is not an acquittal, and the underlying criminal investigation and prosecution continue. The petitioner's GST registration certificate was cited only to demonstrate that he ran a genuine business; the Court did not decide any GST-law question.

Sections Involved

  • Constitution of India, 1950 – Article 226 (interim writ relief)
  • Code of Criminal Procedure, 1973 – provisions governing seizure, mahazar and criminal investigation/final report

Decision – In Favour of

The writ petition was allowed only to the limited extent of unsealing the premises and releasing custody of the seized goods, subject to a charitable payment condition; this was humanitarian interim relief, not a decision in the petitioner's favour on the merits of the pending criminal case.

Case Details

  • Court: Madurai Bench of the Madras High Court
  • Case No.: W.P(MD)No.26512 of 2023
  • Coram: Justice G.R.Swaminathan
  • Date: 03.11.2023

Link to Download the Order

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