Srinagar: A court in Jammu has set aside a traffic magistrate’s order that had declined to release a Jeep Wrangler – seized by the police over alleged modification – unless its tyres were removed. The order was passed by Additional Sessions Judge Amit Sharma, Bar & Bench reported.
The judge opined that the very purpose of providing ad-interim custody of the vehicle to its owner would stand defeated if the vehicle was given to him without tyres.
“In fact, by way of this condition what appears is that the Ld. Trial Court acted on the Executive side rather than on the judicial side. Because by removal of modified tyres, it clearly manifests that the offence under which the applicant has been booked has been proved without any trial,” the Court observed.
The Court was dealing with a revision plea filed by the vehicle owner, Rahul Singh Bali, against the order passed by the Special Mobile Magistrate (Traffic), Jammu.
Bali’s vehicle had been seized by the police under Section 207 of the Motor Vehicles Act, 1988, following the issuance of a challan against him over alleged modification of the vehicle’s tyres.
On August 1, the magistrate granted him ad-interim custody of the vehicle but directed that the modified tyres be removed and kept in police custody. Bali then moved for relaxation of the condition, arguing that it was arbitrary and unreasonable. However, the magistrate rejected the plea, prompting him to approach the Sessions Court.
Considering the submissions, the Court at the outset observed that,
“Court of law can never be the mouthpiece of the police.”
The Court found that the condition for removal of tyres before the vehicle’s release was not in consonance with law, as the challan was still pending. The trial court can frame a conclusive opinion regarding the modification only upon conclusion of the trial, it added.
“The Ld. Trial Court while providing the ad-interim custody of the vehicle imposed such condition which creates a stumbling block for the applicant — how will he be able to ply the vehicle on road without tyres,” the Court remarked.
The Court also noted that the traffic challan failed to specify what kind of vehicle was involved, whether it was a Thar or Jeep Wrangler.
“And without taking into account the nature of the vehicle, straightaway issuing the challan against the applicant only reflects one thing — that they are above law. If they booked the applicant under Section 207 of the M.V. Act, it was also obligatory on the part of the traffic officials to specifically highlight the nature of the vehicle which has been seized in the matter,” the Court added.
Consequently, the Court set aside the condition imposed by the magistrate and ordered the release of the vehicle’s tyres. It also directed the vehicle owner to obtain a valid registration certificate for the alleged modification.
The petitioner was represented by advocate Vansha Sharma, while Additional Public Prosecutor Arvind Rathore appeared for the Union Territory of J&K.
