Jammu & Kashmir High Court
Dr. Davinder Singh Jasrotia And ... vs State Of J&K And Others on 23 February, 2021
106 to 109
& 203
HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
PIL No. 25/2011
CM Nos. 6067, 8283, 8350,
6464, 7507, 7564, 7959, 7961
& 8010/2020, 1062, 1245,
1246, 1353, 1541, 1564, 688,
689, 1626,1677,1683 &
1693/2021
Dr. Davinder Singh Jasrotia and others .....Petitioner(s)
Through :- Mr. Rakesh Sharma, Advocate
V/s
State of J&K and others .....Respondent(s)
Through :- Mr. A. M. Malik, Dy AG
CORAM :
HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, JUDGE
HON'BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE
ORDER
23.02.2021
CM Nos. 6067, 8283, 8350, 7507, 7564, 7959 & 7961/2020, 1062, 1245,
1246, 1353, 1541, 1564, 688, 689, 1626, 1677, 1683 & 1693/2021in PIL
No.25/2011
Objections to the applications be filed.
List again on 05.03.2021.
CM No. 6464 & 8010/2020 in PIL No. 25/2011
01. The following applications, the details whereof have been given
below in the tabulated form, have been filed seeking release of vehicle(s) in
question, as the said vehicle(s) were seized for using tinted glasses:
in PIL No. 25/2011
S.No CM No. Vehicle No. & Type Police Station Challan No.
of Vehicle & Date
1 6464/2020 JK12B-1803 Police Station, 154548 dt.
(Wagon R VXI Car) Surankore 07.10.2020
(Poonch)
2 8010/2020 JK05H-0916 Traffic Police, 395652 dt.
(Verna) Srinagar 03.12.2020
02. Reply to the applications stand filed by the respondents.
03. We have heard the learned counsels for the parties.
04. This Court on 25.09.2012 in WPPIL No. 25/2011 has observed as
under:
"In view of the averments made in the applications seeking release of
vehicles as also considering the statement made by the learned counsel
for the applicants that the applicants are ready to furnish undertakings
before the authority concerned to the extent indicated above, the prayer
for release of vehicles which stand seized by the concerned traffic
police, is accepted. The applicants, however, are directed to furnish
undertakings before the DIG, Traffic, Jammu Range, that they shall not
ply their vehicles in violation of the directions passed by the Hon'ble
Apex Court in the aforementioned case and also the Rules governing
the field and in case, any adverse order is passed by this Court against
the applicants, in that event, they shall surrender their vehicles before
the aforesaid authority. In case, the undertakings are furnished in the
manner indicated above, the vehicles of the applicants/authorized
owners shall be released.
However, taking into consideration the fact that despite making the
public at large aware about the consequences of the plying the
commercial/private vehicles in violation of the judgment of the Hon'ble
Apex Court on the subject and the Rules governing the field, the
applicants/authorized owners herein, who have not bothered to obey
the rules and have violated the directions issued by the Hon'ble Apex
Court in the aforementioned case as also this Court, they have to be put
in PIL No. 25/2011
on notice to explain their position as to why action warranted under
law be not taken against them "
05. Similar applications being CM Nos. 254, D-255, 256 & 257/2012
in WPPIL No. 25/2011 were allowed conditionally on 17.10.2012 in the
following terms:-
"By the medium of these CMAs, applicants are seeking a direction
from this Court for release of their vehicles, which have been seized by
the police agency/traffic authorities in terms of the directions passed by
this Court on the grounds taken in these CMAs.
It is also prayed that instead of DIG, Traffic, Jammu Range, the
concerned police agency/traffic authorities, who have seized the
respective vehicles of the applicants/registered owners, be directed to
release their vehicles on their furnishing the undertakings as directed
by this Court vide order dated 25.09.2012.
For the reasons detailed in the CMAs, the prayer made is granted. Let
the vehicles be released in favour of the applicants/authorized owners
in terms of order dated 25.09.2012 passed in WPPIL No. 25/2011, with
a modification that instead of DIGs, the concerned police
agency/traffic authority would release the vehicle after taking the
undertakings. In terms of order dated 25.09.2012,
applicants/authorized owners are directed to explain their position and
shall furnish their response on or before the next date of hearing."
It is made clear that if the vehicles are seized in violation of the
directions of the Hon'ble Court, then the said order will govern.
06. The Supreme Court had passed orders for removal of tinted glasses
in the year 2011 itself. In spite of the passage of about ten years since the date
in PIL No. 25/2011
of passing of the said order, the applicants have used the tinted glasses in their
vehicles which have resulted in the seizure of aforesaid vehicles.
07. Therefore, the vehicles are ordered to be released in terms of order
dated 25.09.2012 passed in WPPIL No.25/2011, as modified by order dated
17th October 2012 on the aforesaid applications in WPPIL No. 25/2011, on
deposit of Rs. 20,000/- each before the Registrar Judicial of this Court and only
after production of the receipt in that behalf, the vehicles shall be released
subject to the conditions mentioned above.
07. These applications are, accordingly, disposed of.
(Javed Iqbal Wani) (Dhiraj Singh Thakur)
Judge Judge
JAMMU
23.02.2021
(Muneesh)
MUNEESH SHARMA
2021.02.24 15:15
I attest to the accuracy and
integrity of this document
