UDAY UMESH LALIT, S. RAVINDRA BHAT, J. B. PARDIWALA
All India Transporters Welfare Association – Appellant
Versus
Union of India – Respondent
ORDER
1. This petition filed under Article 32 of the Constitution of India filed by All India Transporters Welfare Association seeks following principal relief:
'a. Issue a Writ/Order/Direction in the nature of mandamus directing the Respondents No.1, 2, 5 to 36 to apply the suggestions of Chapter V of the report given by the Committee formed by the Ld. Chief Justice of Delhi i.e. Annexure P-7 in all cases relating to the properties seized by the police and a copy of the final order passed by this Hon'ble Court may be forwarded to the Director Generals of Police of all the State Governments and the Union Territories and the Registrar General of all the High Courts of India for onward transmission to all subordinate courts of India to ensure its compliance.'
2. The grievance raised in this petition is that at times, certain acts are committed by the Police which are not clearly consistent with the mandate of Section 102 of the Code of Criminal Procedure, 1973 ('the Code' for short) and seized properties keep languishing in the custody of the Police for fairly long time causing great inconvenience to the transporters and their customers.
3. Reliance has been placed on a decision of this
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