THE HON'BLE SRI JUSTICE T. VINOD KUMAR
WRIT PETITION No.9665 OF 2014
ORDER:
This Writ Petition is filed to declare the action of the respondents 2 and 3 in seizing and not releasing petitioner's vehicle, i.e., John Deer Tractor (Dozer) bearing registration No.MH 26 K 5686, as being legal, arbitrary, unconstitutional and violative of Articles 14 and 21 of the Constitution of India..
2. Heard learned counsel for the petitioner, learned Government Pleader for Transport appearing for respondents-authorities, and perused the record.
3. Petitioner contends that he had purchased the subject vehicle from M/s Shriram Finance and was plying the same for eking out his livelihood; that on the fateful day, the respondents-authorities seized the said vehicle under Vehicle Check Report, dt.17.02.2013, noting therein certain violations of the provisions of the Motor Vehicles Act, 1988; and that the said seizure is illegal inasmuch as he is a bonafide purchaser of the said vehicle, which has been sold to him by M/s Shriram Finance.
4. Learned Government Pleader for Transport appearing for the respondents-authorities submits that apart from the violations noted in the Vehicle Check Report, the respondents have also found that the engine and chassis number found engraved on the vehicle are at variance with the chassis and engine numbers mentioned in the RC of 2 the vehicle and the same was also mentioned by the respondents- authorities on the top of the Vehicle Check Report; that since the identity of the vehicle that was seized was not matching with the registration certificate produced by the petitioner, the respondents- authorities have seized the same and that it is also not known whether the said vehicle was involved in commission of any crime. Thus, the learned Government Pleader seeks to justify the action of the respondents-authorities contending that no illegality can be found with the action of the respondents-authorities in seizing the subject vehicle.
5. Having regard to the submissions as made above, since the subject vehicle was seized by the respondents-authorities noting various deficiencies, the respondents-authorities have to initiate appropriate proceedings under the provisions of M.V. Act and cannot continue seizure of the subject vehicle indefinitely. This Court in Saleem Tours and Travels v. Joint Transport Commissioner and Another1, has held at para 16 of the said judgment that 'The other important aspect which needs reiteration even at the risk of repetition is that the seizure cannot be kept in force indefinitely or for unduly long period. It must be remembered that except in rare cases, detention of the vehicle is not necessary for holding an enquiry and taking necessary action for contravention of the conditions of permit. No purpose will be served if the vehicle is detained and kept in the custody 1 2000(4) ALD 501 3 of the police or Transport department for weeks and months together. The power conferred by Section 207 as all other statutory powers should be exercised in a reasonable manner, more so because it is, by its very nature, a drastic power.'. By observing so, the Court further went on to hold at para 17(5) of the judgment that 'In exceptional cases where there is reasonable apprehension that the vehicle will not be available for taking further action or the ultimate order passed in the light of the enquiry cannot be implemented on account of any special facts and circumstances, the competent Transport authority can withhold the release or stipulate any appropriate conditions for release other than the payment of tax not yet determined. In such a case, it is expected of them that the reasons are recorded in writing.".
6. In view of the above, respondents-authorities are directed to pass orders recording reasons for not releasing the subject vehicle and communicate the same to the petitioner, if not already done.
7. Subject to the above observations, the Writ Petition is disposed of. No order as to costs.
8. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order.
_____________________ T. VINOD KUMAR, J 12th September, 2022.
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