Case Note & Summary
The petitioner, SRI V JAYAKUMAR, purchased a vehicle bearing registration No. KA-03-MS-3111 (Audi) from Smt. Disha Chowdry. The erstwhile owner was involved in multiple criminal cases of fraud and fabrication involving approximately Rs. 375 Crore, which were under investigation by the COD police. Pursuant to this investigation, the first respondent (Deputy Superintendent of Police, Economic Offences Division, CID) had issued a notice dated 05.07.2018 under Section 91 of the Code of Criminal Procedure, 1973, instructing the second respondent (Assistant Regional Transport Officer, Electronic City) to block the records of the vehicle in the official computer system and to restrain its sale or alienation. Consequently, the RTO issued a communication dated 27.09.2018 blocking the entries in the registers concerning the vehicle. The petitioner filed the present writ petition under Articles 226 and 227 of the Constitution of India seeking to quash the police notice and the RTO communication, and to direct the respondents to issue a clearance certificate and not obstruct the sale of the vehicle. The respondents contended that the erstwhile owner's involvement in large-scale fraud justified the restraint, and that the notice was a valid exercise of power under Section 91 CrPC. The court examined the scope of Section 91 CrPC and observed that the provision only permits a court or officer in charge of a police station to summon the production of any document or thing if it is necessary or desirable for the purposes of any investigation, inquiry, trial, or other proceeding. It does not confer the power to restrain the sale or alienation of property. The court noted that production should be genuinely necessary; otherwise, the requirement may be invalid as an abuse of power. Applying this interpretation, the court held that the police exceeded their authority under Section 91 by instructing the RTO to block the vehicle records and restrain its sale. Accordingly, the writ petition was allowed. The court issued a writ of certiorari quashing the police notice dated 05.07.2018 to the extent it restrained sale or alienation of the vehicle, and quashed the impugned communication dated 27.09.2018. A writ of mandamus was issued directing the second respondent RTO to remove the block on the vehicle records in the official computer system. The court clarified that the order would not prevent the police from continuing the investigation or seeking production of the vehicle if genuinely required for such investigation.
Headnote
A) Criminal Procedure - Police Investigation Powers - Scope of Section 91 of Code of Criminal Procedure, 1973 - Section 91 Code of Criminal Procedure, 1973 - The police had issued a notice under Section 91 to the RTO instructing to block the sale of a vehicle because its erstwhile owner was involved in criminal cases - The court held that Section 91 only empowers police to seek production of a document or thing if genuinely necessary for investigation, and does not authorize restraining sale or alienation - The court quashed the notice and directed the RTO to remove the block (Paras 5-6).
Issue of Consideration
Whether under Section 91 of the Code of Criminal Procedure, 1973, the police have the power to instruct the RTO to block the transfer/sale of a vehicle and to restrain its alienation, after the vehicle has been purchased by the petitioner from a previous owner allegedly involved in criminal cases.
Final Decision
The writ petition is allowed. The police notice dated 05.07.2018 to the extent it restrains sale or alienation of the petitioner's vehicle is quashed. The impugned communication dated 27.09.2018 sent by the RTO is also quashed. A writ of mandamus is issued directing the second respondent RTO to remove the block concerning the records of the petitioner's vehicle in the official computer system. The police are at liberty to continue the investigation and seek production of the vehicle if genuinely required.
Law Points
- Legal points not extracted
- Section 91 CrPC does not authorize police to restrain sale or alienation of property
- only power is to summon production of document or thing if genuinely necessary
- police cannot direct RTO to block vehicle records
- writ of certiorari quashing such direction
- writ of mandamus to remove block.
