Back
2017 Supreme(J&K) 471
IN THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
Alok Aradhe, B.S. Walia, JJ.
Dr. Davinder Singh Jasrotia - Appellant
Vs.
State of J&K and Ors. - Respondents
MP No. 63 of 2017 in WPPIL No. 25 of 2011
Decided On : 22-08-2017
For the Appellants : Mr. Ashwani Kumar
Compliance with previous court orders and the Supreme Court directive for removal of tinted glass influenced the court's decision to release the seized vehicle subject to specified conditions and undertakings.
Headnote:
Tinted Glass - Vehicle Seizure - The court directed the release of a vehicle seized for using tinted glass, subject to certain conditions and undertakings, in accordance with previous court orders and the Supreme Court's directive for removal of tinted glass.
Fact of the Case:
The applicant sought the release of a vehicle seized for using tinted glass under Section 206 (II) M.V Act by the Traffic Police, Jammu.
Finding of the Court:
The court granted the release of the vehicle, subject to the conditions and undertakings specified in previous court orders and the Supreme Court's directive for removal of tinted glass.
Issues: Seizure of vehicle for using tinted glass, compliance with previous court orders and Supreme Court directive, remittance of Rs.1000/- towards the Advocates’ Welfare Fund.
Ratio Decidendi: The court's decision was influenced by the previous court orders and the Supreme Court's directive for removal of tinted glass, requiring the release of the vehicle subject to specified conditions and undertakings.
Final Decision: The vehicle was ordered to be released on remittance of Rs.1000/- towards the Advocates’ Welfare Fund and after production of the receipt, subject to the conditions mentioned above.
This application is filed by the applicant seeking a direction for release of vehicle (Maruti Swift Car) bearing Registration No. JK02BC 0078, seized on 10.08.2017, by the Traffic Police, Jammu under Section 206 (II) M.V Act for using tinted glass.
2. The instant application is disposed of in terms of the direction issued on 17.10.2012 which reads as under:-
“By the medium of these CMAs, applicants are seeking a direction from this Court for release of their vehicles, which have been seized by the police agency/traffic authorities in terms of the directions passed by this Court on the grounds taken in these CMAs.
It is also prayed that instead of DIG, Traffic, Jammu Range, the concerned police agency/ traffic authorities, who have seized the respective vehicles of the applicants/registered owners, be directed to release their vehicles on their furnishing the undertakings as directed by this Court vide order dated 25.09.2012.
For the reasons detailed in the CMAs, the prayer made is granted. Let the vehicles be released in favour of the applicants/authorized owners in terms of order dated 25.09.2012 passed in WPPIL No. 25/2011, with a modification that instead of DIGs, the concerned police agency/traffic authority would release the vehicle after taking the undertakings. In terms of order dated 25.09.2012, applicants/authorized owners are directed to explain their position and shall furnish their response on or before the next date of hearing.”
It is made clear that if the vehicle is seized for not removing the tinted glasses, then the said order will govern.
3. The Supreme Court had passed orders for removal of tinted glass in the year 2011 itself. In spite of the passage of about six years since the said order, the petitioner has used the tinted glass in his vehicle which has resulted in the seizure of said vehicle.
4. However, the vehicle is ordered to be released on remittance of Rs.1000/- towards the Advocates’ Welfare Fund and only after production of the receipt in that behalf, the vehicle shall be released subject to the conditions mentioned above.
5. MP, accordingly, disposed of.
