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2018 Supreme(J&K) 40
IN THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
RAMALINGAM SUDHAKAR, TASHI RABSTAN, JJ.
Dr. Davinder Singh Jasrotia and ors. – Appellants
Vs
State of J&K and ors. – Respondents
MP No. 02 of 2018 In WPPIL No.25 of 2011
Decided on : 29-01-2018
Appearing counsel:
For the Petitioners:Mr. G.Q.Bhat, Advocate
For the respondents: Mrs. Seema Shekher, Sr. AAG
Compliance with court directions and Supreme Court orders for removal of tinted glass is crucial in determining the release of seized vehicles.
Headnote:
Tinted Glass - Release of Seized Vehicles - M.V Act Section 206, 207 - The court ordered the release of vehicles seized for using tinted glass, subject to the remittance of a specified amount towards the Advocates’ Welfare Fund and furnishing of undertakings. The court referred to its previous directions and emphasized compliance with the Supreme Court's orders for removal of tinted glass issued in 2011.
Fact of the Case:
The applicants sought the release of their seized vehicles for using tinted glass, in accordance with the court's previous directions and the Supreme Court's orders for removal of tinted glass issued in 2011.
Finding of the Court:
The court granted the release of the vehicles upon remittance of a specified amount towards the Advocates’ Welfare Fund and furnishing of undertakings, emphasizing compliance with its previous directions and the Supreme Court's orders for removal of tinted glass issued in 2011.
Issues: Release of seized vehicles for using tinted glass, compliance with court directions and Supreme Court orders for removal of tinted glass.
Ratio Decidendi: The court's decision was influenced by the need for compliance with its previous directions and the Supreme Court's orders for removal of tinted glass issued in 2011.
Final Decision: The court ordered the release of the seized vehicles upon remittance of a specified amount towards the Advocates’ Welfare Fund and furnishing of undertakings, in accordance with its previous directions and the Supreme Court's orders for removal of tinted glass issued in 2011.
1. This application is filed by the applicant seeking a direction for release of vehicle (Alto 800) bearing Regd. No.JK03E-6618, seized by the Traffic Police, Srinagar on 27.12.2017 at Jahangir Chowk, Srinagar under Section 206 M.V Act under Challan No. 625038, 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 seven years since the said order, the applicant/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.2000/-(Rupees Two Thousand only) 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.
MP No. 03/2018 In WPPIL No.25/2011 Date of order: 29. 01.2018
1. This application is filed by the applicant seeking a direction for release of vehicle (Maruti) bearing Regd. No.JK01G-1068, seized by the Police Post, Bagiyas, Srinagar on 25.12.2017 under Section 207 M.V Act under Challan No. 2017/610/BGS, 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 seven years since the said order, the applicant/petit
