Case Note & Summary
The petitioner, Kiran s/o Ashok Gaikwad, is the owner of a heavy motor vehicle (Eicher bearing registration No. MH-12-RN-6106). On 21.01.2021, an FIR bearing Crime No. 0050/2021 was registered with the Umerga Police Station (respondent No. 6) for offences punishable under Sections 188, 272, 273, and 328 of the Indian Penal Code, along with Sections 26(2)(i), 26(2)(iv), and 27(2)(e) of the Food Safety and Standards Act, 2006. The driver of the vehicle was not the owner, and it was not the petitioner's case that the vehicle was stolen or that the driver was unauthorized. However, the respondent authorities, particularly the Food Safety Officer (respondent No. 5) and the Road Transport Authority (respondent No. 3), blacklisted the vehicle and suspended its transportation registration without issuing any show cause notice or affording an opportunity of hearing to the petitioner. The petitioner filed a writ petition seeking a declaration that the blacklisting and suspension were bad, illegal, and contrary to statutory provisions; a writ of mandamus directing the respondents to revoke the blacklisting and restore the registration and license; a direction to consider his representation dated 15.12.2021; and compensation for the loss suffered. The court observed that the action of blacklisting the vehicle and suspending its registration without any notice or hearing was arbitrary and illegal, as it violated the principles of natural justice. The court held that the petitioner was entitled to be heard before any adverse action was taken against his property. Consequently, the court allowed the petition, quashed the impugned action, and directed the respondents to restore the transportation registration and license of the vehicle forthwith. The court also directed the respondents to consider the petitioner's representation dated 15.12.2021 within a stipulated period.
Headnote
A) Administrative Law - Natural Justice - Blacklisting of Vehicle - Right to be Heard - The action of blacklisting a vehicle and suspending its registration without any show cause notice or opportunity of hearing is arbitrary and illegal - Held that such action violates principles of natural justice and cannot be sustained (Paras 4-5). B) Food Safety - Seizure of Vehicle - Sections 26(2)(i), 26(2)(iv), 27(2)(e) of Food Safety and Standards Act, 2006 - The vehicle was seized in connection with an FIR under the Food Safety Act, but the owner was not given any notice before blacklisting - Held that the authorities must follow due process before taking coercive steps against the vehicle (Paras 3-5). C) Criminal Law - IPC Offences - Sections 188, 272, 273, 328 IPC - FIR registered for adulteration of food items - The driver of the vehicle was not the owner, and the owner was not implicated - Held that the vehicle cannot be blacklisted without hearing the owner (Paras 3-5).
Issue of Consideration
Whether the action of blacklisting the petitioner's vehicle and suspending its transportation registration without issuing any show cause notice or affording an opportunity of hearing is arbitrary, illegal, and violative of principles of natural justice.
Final Decision
The court allowed the writ petition, quashed the impugned action of blacklisting the vehicle and suspending its registration, and directed the respondents to restore the transportation registration and license of the vehicle forthwith. The court also directed the respondents to consider the petitioner's representation dated 15.12.2021 within a stipulated period.
Law Points
- Natural Justice
- Right to be Heard
- Blacklisting of Vehicle
- Food Safety and Standards Act
- 2006
- Sections 26(2)(i)
- 26(2)(iv)
- 27(2)(e)
- IPC Sections 188
- 272
- 273
- 328
- Writ of Mandamus
