ORDER

This writ petition is preferred to quash and set aside the orders Annexures P-5, 11 and 15 declining the release of vehicles to the petitioner being allegedly involved in a criminal case.

Whether the reporters of the local papers maybe allowed to see the judgment?

2. The learned Advocate General has stated at bar that a communication was received by the Director General of Police from Director Royal Government of Bhutan, Ministry of Information and Communication dated 5th August, 2011 (Annexure P-6), in reference to letter dated 11.8.2011 regarding the information sought with respect to impounding of vehicles registered in Bhutan whereby, it is informed that as per record vehicle BHT-27 Land Rover is a scrap vehicle and as per the current status of the vehicle registration number stands cancelled and owner thereof has been informed accordingly. Further, according to them the owner of the said vehicle had preserved the vehicle as a royal gift. It is further clear from the letter that BHT-27 Land Cruiser Model 2009 was registered in place of BHT-27 (Land Rover), which was duly approved by the authorities in Bhutan.

3. It is submitted by the learned Advocate General that a communication has also been received from the Indian Embassy in Bhutan certifying that His Eminence Tai Situ Rinpoche, a Bhutanese Lama, holding Diplomatic Passport No. K000415, is presently residing in monastery in Sherabling, Baijnath, Himachal Pradesh and has to frequently travel through various Indian States i.e. Assam, West Bengal, UP, Bihar, Delhi, Haryana, Chandigarh and Himachal Pradesh for religious discourses and teachings, thus he will be plying the vehicle bearing No. BHT-27, Toyota Land Cruiser, Model 2009 whereby its details regarding Chassis No. and Engine No. are also given and the Indian Embassy also requested to extend due courtesies and assistance by all concerned authorities in India to His Eminence Tai Situ Rinpoche till 31.1.2012.

4. Further reference has also been made by the learned Advocate General to letter dated 5.1.2012 originated from Royal Bhutaneses Embassy, New Delhi and addressed to Ministry of External Affairs, stating therein all the facts and a request was made for the releasing of Toyota Land Cruiser BHT-27 as well as other two off road vehicles. Consequently, the Ministry of External Affairs, Government of India sent a communication to the Government of Himachal Pradesh vide Annexure P-11 dated 10th May, 2012 to facilitate the release of all the three vehicles aforesaid and hand over to the Palpung Sherubling Monastery at the earliest.

5. The learned Advocate General, against the aforesaid background also informed us that no case of cheating etc. has been made during the course of investigation and investigation stands closed accordingly the release of the vehicles is not objected to, subject to the provisions of the Motor Vehicles Act, particularly when the ownership of the vehicles stand identified and its registration as per the law of Bhutan Government is also there.

6. Mr. Anup Rattan, learned CGSC has placed on record a communication received by him from the Ministry of External Affairs, New Delhi. The same is seen and placed on record. In view of the above stated position the Ld. Advocate General for the State as well as counsel for the Central Government do not intend to file any written reply as submitted by the respective counsel.

7. After hearing the learned counsel for the parties, we have gone through the record to ascertain other factual background.

8. The fact reveals that one vehicle No. BHT-27 was found parked inside the monastery at Sherubling, Baijnath along with two other scrap vehicles. The vehicle number BHT-27 was found on two vehicles out of which one was road worthy and the other was a scrap, which led the police to impound these vehicles under Section 207 of the Motor Vehicles Act, 1988 and removed to the Police Station and a case under Sections 420, 467 and 471 of the Indian Penal Code for alleged fo