Arif Kha vs State of Uttarakhand and others

V.K. BIST, J.

This petition has been filed by the petitioner seeking the following relief:

“I. Issue a writ, order or direction in the nature of mandamus directing and commanding the respondent no. 3 to hear and decide the release

application of petitioner for releasing his vehicle/Truck No. UP 25 BT 5278 as early as possible within time stipulated by this Hon’ble Court.â€​

It is submitted by the learned counsel for the petitioner that the petitioner is the owner of the Truck bearing registration no. UP 25 BT 5278. It is

stated that, on 10.4.2018, the said vehicle of the petitioner after loading RBM (Rodhi) (14.5) Tons from Meghraj Garg Mahadev Stone Crusher Village

Dahbura, Tehsil Kashipur was going to Bareilly and for the said RBM due royalty was paid. It is also submitted that when the said truck was reached

in the territorial jurisdiction of P.S. Bazpur, the police officials stopped the vehicle of the petitioner and when the petitioner’s driver shown royalty

receipt, the police officials stated that they have nothing to do with the royalty receipt and the petitioner’s driver has to pay Rs.5,000/-, if he want

to move further with his vehicle. When the petitioner’s driver showed his inability the police seized the vehicle of the petitioner and without doing

weight of the vehicle, the police challaned the vehicle of the petitioner by alleging that the petitioner’s driver failed to show the documents of the

said RBM and further alleging that the vehicle appeared to be overweight and the said vehicle was taken to police station premises. Thereafter,

petitioner moved a release application before the respondent no.3 on 18.4.2018; but, no action was taken. Again on 16.5.2018, the petitioner moved an

application for release of his vehicle; but, till date the respondent no.3 has not decided the aforesaid applications of the petitioner. Hence, this writ

petition.

Learned counsel for the petitioner further submitted that petitioner is the owner of the vehicle in question. He also submitted that the police officials

in illegal and arbitrary manner, without conducting weight of the vehicle, challaned the same as overweight.

Considering this above-stated facts, it is directed that application filed by the petitioner before the Competent Court/Competent Authority, who is

competent to take decision, for the release of the vehicle shall be decided strictly in accordance with law, within a period of ten days from the date of

filing of certified copy of this order. The Competent Court/Competent Authority shall satisfy itself that the petitioner is the owner of the vehicle and

the said vehicle is not required in any other offence. The Competent Court/Competent Authority will be at liberty to impose such condition, which it

deems fit in the matter.

The writ petition is disposed of accordingly.