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Judgment
We have heard Mr. H. Furrahi, learned counsel for the applicant.
By the medium of instant application, applicant, namely, Nazir Ahmad Khuroo, prays for direction for release of vehicles(Tipper) bearing registration No. JK01F-4447 seized by Police Station, Kothi Bagh, Srinagar. The vehicle was seized on the ground that same was carrying building material in the prohibited area in violation of the orders of this Court in OWP (PIL) no. 159/2002 dated 19.07.2002, stating that, the authorities shall prevent transportation of building construction material of any kind whatsoever in the lake or near about the lake. Construction of buildings was also prohibited within 200 meters from the centre of the foreshore road and it was further directed that wherever the road has been constructed, no erection of buildings shall be allowed.
It is the contention of the applicant that the Vehicle was seized by Police Station, Kothi Bagh, Srinagar, on 30.09.2019 as the vehicle was allegedly carrying building material in violation of the Court orders. The applicant has stated that the alleged violation is neither intentional nor deliberate. It is also stated that the vehicle has been never involved in any illegal activity and his sole income is derived only from the said vehicle, unless the vehicle is released, his rights will be seriously prejudiced. The learned counsel appearing for the applicant further submitted that the said vehicle is involved for the first time in transporting the building construction material in violation of the Court orders and FIR No. 49/2019 has been registered in Police Station Kothi Bagh, Srinagar, and the same is being investigated.
Considering the earlier prohibitory orders passed by this Court on 19.07.2002, the plea made by learned counsel for the applicant, we are of the view that this application can be disposed of by directing the release of the above said vehicle on the following conditions: -
a) "That the applicant shall deposit a sum of Rs.50,000/-with an undertaking to the satisfaction of Registrar Judicial of this Court indicating therein that the applicant's vehicle is involved for the first time in carrying the building construction material in violation of the prohibitory orders of this Court and that he will not use his vehicle to carry any building construction material in violation of the Court order in future, and that the vehicles to be released is not involved in any criminal proceedings before any Court.
b) That the seized material shall remain in the custody of the Police concerned subject to further orders to be passed by the competent criminal Court.
c) That if the vehicle once released by this order is found again violating the prohibitory orders of this Court, then same shall not be released till finalization of the criminal proceedings by the competent Court.
d) An affidavit be filed by the applicant of the vehicle stating that the subject vehicle is involved for the first time in carrying the building construction material in violation of the prohibitory orders, shall be verified by the concerned police authority before releasing the vehicle.
e) This order will not stand in the way of any investigation or the proceedings pending in criminal Courts and the same shall be decided in accordance with law.
f) The vehicle shall be released. For release of documents, applicant is free to move an application before the Magistrate having the jurisdiction."
The application is disposed of on the above terms.