Case Note & Summary
The petitioner, Shri Balu @ Dinkar Baburao Tambe, filed a writ petition before the Bombay High Court challenging the detention of his truck (No. MH-43-E-6861) by the Deputy Regional Transport Officer, Thane. The vehicle was seized on the basis of an Inspection Note dated 2nd August 2012. The petitioner claimed that he had produced all relevant documents, including the certificate of registration and permits, but the authority refused to release the vehicle. The respondents contended that the vehicle was detained under Section 207 of the Motor Vehicles Act, 1988 because the petitioner failed to produce the driving licence of the driver. Despite opportunity, no valid driving licence was produced. The court noted that it was not disputed that the petitioner had produced registration and permits. However, the authority had registered a criminal case against the petitioner and the vehicle was shown as property concerning the offence. A chargesheet had been filed on 3rd September 2012. The petitioner's counsel relied on Ram Sewak Jaiswal v. State of U.P., 1996 Cri.LJ 1012, arguing that the Magistrate lacks power to release the vehicle. The court held that once a chargesheet is filed, the remedy for return of property lies before the Magistrate under Section 457 CrPC, and the High Court should not express any opinion on the merits. The writ petition was dismissed, and the petitioner was directed to approach the concerned Magistrate for appropriate relief.
Headnote
A) Motor Vehicles Act - Detention of Vehicle - Section 207 - Failure to Produce Driving Licence - Vehicle detained under Section 207 of the Motor Vehicles Act, 1988 for failure to produce driving licence of driver - Petitioner produced registration certificate and permits but not driving licence - Authority registered criminal case and filed chargesheet - Held that once chargesheet is filed, remedy for return of property lies before the Magistrate under Section 457 CrPC, not by way of writ petition (Paras 3-6). B) Criminal Procedure Code - Return of Property - Section 457 - Remedy After Chargesheet - Where vehicle is seized and criminal case registered, the appropriate remedy for the owner to seek release of the vehicle is to approach the concerned Magistrate under Section 457 of the Code of Criminal Procedure, 1973 - High Court declined to entertain writ petition and directed petitioner to avail remedy before Magistrate (Paras 5-6).
Issue of Consideration
Whether the High Court can order release of a vehicle seized under Section 207 of the Motor Vehicles Act, 1988 when a criminal case has been registered and chargesheet filed, or whether the remedy lies before the Magistrate under Section 457 CrPC.
Final Decision
The writ petition is dismissed. The petitioner is directed to approach the concerned Magistrate for return of the property under Section 457 of the Code of Criminal Procedure, 1973. The court expressed no opinion on the merits of the case.
Law Points
- Section 207 Motor Vehicles Act
- 1988
- Section 457 Code of Criminal Procedure
- 1973
- detention of vehicle for failure to produce driving licence
- remedy for return of property after chargesheet
