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Rajasthan High Court, Jaipur Bench
Honble SHIV KUMAR SHARMA, J.
Noor Khan - Appellant
Versus
State of Rajasthan - Respondents
S.B. Criminal Misc. Petition No. 114 of 1998
Decided On : March 17, 1998
The core question is whether provisions of Section 457 Cr.P.C. apply to vehicles seized under Section 207 of the Motor Vehicles Act, 1988. (!)
Petitioner's jeep was seized by Motor Vehicle Inspector under Section 207 MV Act for lacking registration certificate, OTT, insurance, driving licence, permit; used as hire vehicle with 11 passengers. (!)
Petitioner's application under Section 457 Cr.P.C. for release was dismissed by Magistrate; hence petition under Section 482 Cr.P.C. filed. (!) [17019990060010]
Petitioner argued Magistrate must release vehicle under Section 457 Cr.P.C.; documents available, passengers were personal members. [17019990060002]
State argued Section 457 Cr.P.C. not applicable to seizures under MV Act. [17019990060003]
Section 207(1) MV Act empowers authorized persons to seize vehicle used without registration/permit or in contravention; option to seize RC instead. (!) (!)
Under Section 207(2) MV Act, owner/person in charge may apply to transport authority or authorized officer for release, subject to conditions. (!)
Section 66(1) MV Act requires permit for transport vehicles in public places. (!) (!)
Violation of Section 66(1) is offence under Section 192A MV Act, punishable with fine/imprisonment. [17019990060007] (!) (!)
Section 208 MV Act provides for summary disposal: accused may plead guilty via money order; no further proceedings if complied. [17019990060008] (!) (!)
Section 17 MV Taxation Act allows seizure for unpaid tax; non-transport vehicles releasable on bond up to Rs.500/-. (!) (!) (!)
Non-payment of tax is offence under Section 11 MV Taxation Act; cognizable by Magistrate 2nd Class or above. (!) (!) (!)
Section 457 Cr.P.C. applicable if seizure reported to Magistrate and property not produced in enquiry/trial; jurisdiction arises even if reported by applicant. (!)
Legal summary: Seizure under MV Act for permit violation; owner has option under 207(2) MV Act or 457 Cr.P.C. (!) (!) (!) (!) (!) (!)
Section 4(2) Cr.P.C.: Offences under other laws dealt with per Cr.P.C., subject to special enactments; MV Act does not exclude Cr.P.C. for disposal of property. (!) (!) (!)
MV Act silent on procedure if accused does not plead guilty under Section 208; Cr.P.C. summary trial provisions apply. (!) (!)
Jurisdiction of Magistrate under 457 Cr.P.C. not ousted by MV Act; owner has two options for release: Magistrate or transport authority. (!) (!) (!)
Circulars issued administratively cannot curtail judicial powers of Magistrate; guidelines only. (!) (!)
Petition allowed; impugned order set aside; matter remitted for fresh decision on 457 Cr.P.C. application. (!)
(2). This question emerges in the circumstances set out below -
(i) The petitioner is the registered owner of Jeep No. RJ 29 C 0058 on November 11, 1997 the Motor Vehicle Inspector Dausa seized the said jeep under Sec. 207 of the M.V Act on the allegation that it was found plying by driver Nasirkhan without having Registration Certificate OTT (one time tax) Insurance Certificate, Driving Licence and Permit Certificate. Eleven passengers were found travelling and it was being used on hire reward. Seizure memo of the Jeep was prepared by the Inspector and it was got signed by the Driver Nasir Khan.
(ii) An application under Section 457 Cr.P.C. was filed by the petitioner seeking release of the vehicle, before the learned Special Mobile Additional Chief Judicial Magistrate Jaipur. The said application was dismissed vide order dated January 7, 1998.
(iii) Against this order that the present action for filing the instant petition under Sec. 482 Cr.PC. has been resorted to by the petitioner.
(3). A.K. Sahdadpuri, learned counsel appearing for the petitioner has assailed the impugned order on the ground that it was incumbent upon the learned court below to release the vehicle under Section 457 Cr.P.C. The persons who were found travelling in the jeep were not passengers but they were personal members. All the required documents are with the petitioner and the jeep ought to have been released. Reliance was placed on Mahendra Singh vs. The State of Rajasthan (1) Sardar Singh vs. State (2) and Jamuna Devi vs. State (3).
(4). On the other hand Mr. S.R. Yadav, learned Govt. Advocate canvassed that provisions contained in Section 457 Cr.P.C. are not applicable to the seizure of vehicles under the provisions of the M.V.Act. Mr. Yadav, learned counsel supported the impugned order and placed reliance on Shrangdhar Sharma vs. The State of Bihar (4), State of Rajasthan vs. Mohammad Nissar (5) and Suchrata vs. State of Raiasthan (6).
(5). I have given my thoughtful consideration to the rival submissions and carefully perused the impugned order as well as documents produced before me.
(6). Reference of the relevant provisions of the M.V. Act is necessary at this juncture. Section 207 of the M.V Act provides thus :
``207. Power to detain vehicles used without certificate of registration permit etc. (1) Any police officer or other person authorised in this behalf by the State Government may, if he has reason to believe that a motor vehicle has been or is being used in contravention of the provisions of Section 3 or Section 4 or Section 39 or without the permit required by sub-section (1) of Section 66 or in contravention of any condition of such permit relating to the route on which or the area in which or the purpose for which the vehicle may be used, seized and detained the vehicle, in the prescribed manner and for this purpose take or cause to be taken any steps he may consider proper for the temporary safe custody of the vehicle:
Provided that where any such officer or person has reason to believe that a motor vehicle has been or is being used in contravention of Section 3 or Section 4 or without the permit required by sub-section (1) of Section 66 he may, instead of seizing the vehicle, seize the certificate of registration of the vehicle and shall issue an acknowledgment in respect thereof.
(2) Where a motor vehicle has been seized and detained under sub- section (1), the owner or person in charge of the motor vehicle may apply to the transport authority or any officer authorised in this behalf by the State Government together with the relevant documents for the release of the vehicle and such authority or officer may, after verificati
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