Disposed

Premier Travels, represented by its v. The Regional Transport Officer

Telangana HC18 Aug 2012WP/25605/2012

Case brief

AI extract

What is this about?

In this writ petition, the court addressed the illegal seizure and detention of a petitioner's contract carriage vehicle under Section 192-A of the Motor Vehicles Act. The court held the vehicle to be case property but directed its release for interim custody upon depositing Rs. 10,000 and any due taxes, subject to enquiry results.

What did the court decide?

Vehicle released for interim custody of petitioner subject to deposit of Rs. 10,000 and taxes, subject to enquiry results.

Premier Travels, represented by its Vs The Regional… — Company and Corporate | Telangana HC (2012)

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THE HON’BLE SRI JUSTICE K.C.BHANU

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WRIT PETITION No.25605 OF 2012

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ORDER:

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This Writ Petition is filed seeking to declare the seizure and continued detention of the petitioner’s MMV – Contract Carriage Vehicle (Swaraj Mazda) bearing Reg. No. AP 29V 0062 seized under Vehicle Check Report No.1620656, dated 11.08.2012, by respondent No.2, as illegal and arbitrary and consequently, to direct the respondents to release the vehicle of the petitioner forthwith.

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2. The petitioner’s vehicle was seized by respondent No.2 on 11.08.2012 for violation of provisions under Section 192-A of the Motor Vehicles Act, 1988 (for short, ‘the Act’) and permit conditions.

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3. According to the learned counsel for the petitioner no taxes are due to the government in respect of the vehicle in question and that the allegation is that the vehicle in question violated the permit conditions.

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4. On the other hand, learned Assistant Government Pleader for Transport, appearing for the respondents, stated that respondent No.2 has no authority to release the vehicle in question.

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5. As the petitioner has violated certain provisions under the Act, respondent No.2 has rightly seized the vehicle in question. The vehicle is in the custody of respondent No.2. However, if the vehicle is exposed to sun and air and is kept idle, it would be damaged. Even otherwise, for the offence under Section 192-A of the Act, if the petitioner is found guilty of the offence with which he was charged the vehicle in question is not liable for confiscation. But, at the same time, the vehicle in question is a case property. Therefore, the respondents are directed to give the vehicle in question to the petitioner for interim custody subject to depositing of Rs.10,000/- (Rupees ten thousand

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only) and taxes, if any, due. The amount deposited by the petitioner is subject to result of enquiry by the competent authority.

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6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.

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7. Miscellaneous Petitions, if any, filed in this Writ Petition shall stand closed.

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_______________ K.C.BHANU, J

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August 17, 2012 MD

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THE HON’BLE SRI JUSTICE K.C.BHANU

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WRIT PETITION No.25605 OF 2012

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August 17, 2012

Premier Travels, represented by its v. The Regional Transport Officer

Case brief

What is this about?

What did the court decide?

Premier Travels, represented by its v. The Regional Transport Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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