Legal Aid Clinic, University Law College, University of Rajasthan, Jaipur through its Director Dr. Bhagwan Das Rawat v. State of Rajasthan through the Chief Secretary, Govt. of Rajasthan, Govt. Secretariat, Janpath, Jaipur
2016-03-17
MOHAMMAD RAFIQ, SATISH KUMAR MITTAL
body2016
DigiLaw.ai
ORDER This writ petition, by way of public interest litigation, has been preferred by Legal Aid Clinic, University Law College, University of Rajasthan, Jaipur through its Director Dr. Bhagwan Das Rawat, inter-alia, with prayer that respondents be directed to dispose of all seized vehicles lying at police stations in Rajasthan at earliest by following due process of law and they be further directed to develop a mechanism so that such vehicles may not be stored at various police stations for unusually long period thereby getting the same damaged. 2. Shri N.C. Goyal, learned counsel for petitioner, has submitted that the Supreme Court in Sunderbhai Ambalal Desai v. State of Gujarat, AIR 2003 SC 638 , has framed detailed guidelines to be followed by respondents in all such matters and copies of that judgment were endorsed to the Registry of all the High Courts of the country, who were required to ensure that Rules are framed with regard to such articles. The Supreme Court required the courts to pass such order within a period of six months from the date of production of vehicles before them and to take photographs of such vehicles before handing over possession thereof. 3. Learned counsel for petitioner further submitted that this court, by order dated 23.07.2014, required the respondents to provide a breakup of all vehicles lying in 'malkhana' of various police stations of the State for over five years. Details produced by respondents clearly show that all vehicles are stored with police for last so many years and no steps have been taken by them to dispose of such articles/vehicles, in accordance with law. 4. Shri Dharamveer Tholia, learned Additional Advocate General for respondents, submitted that they have filed details as Annexure-R/1, of vehicles seized by various police stations in Jaipur. The police department has issued guidelines and instructions for disposal of seized vehicles during the course of investigation. The police department is also interested in disposing of the valuable gold and silver ornaments lying in their possession at different police stations, which were seized during investigation. The Additional Director General of Police, CID (Crime), Rajasthan, Jaipur, vide Circular dated 07.01.2000, directed all the Superintendent of Police of Rajasthan to take steps to dispose of items seized by the police, like jewellery, cash amount, articles seized under Section 102 Cr.P.C. and under Section 25 of the Police Act, immediately.
The Additional Director General of Police, CID (Crime), Rajasthan, Jaipur, vide Circular dated 07.01.2000, directed all the Superintendent of Police of Rajasthan to take steps to dispose of items seized by the police, like jewellery, cash amount, articles seized under Section 102 Cr.P.C. and under Section 25 of the Police Act, immediately. Notices have been issued to the owners of the vehicles. Learned counsel also submitted that the respondents have filed detailed additional affidavit to show that guidelines framed by the Supreme Court in Sunderbhai Ambalal Desai, supra, are being properly followed. As per the details obtained from the C.I.D. (CB), the respondents have disposed of 21388 vehicles up to February, 2014. Learned counsel submitted that the Government has issued a Circular dated 07.11.2005 requiring all the concerned Police Stations to strictly follow the guidelines contained therein as per Sections 451 and 458 of the Code of Criminal Procedure. Another Circular dated 07.01.2000 to this effect was issued by the Director General of Police to all the Superintendent of Police of Rajasthan. As per the last additional affidavit filed by respondents on 13.10.2014 before this court, the number of items and vehicles lying in the malkhana since last five years is 56209, out of which, the vehicles are only 10017, particulars of which have also been furnished. Unless the trial concludes, those vehicles cannot be disposed of without permission of the court. 5. The Supreme Court in Sunderbhai Ambalal Desai, supra, has issued comprehensive guidelines for such matters. In para 18 and 19 of the report, the Supreme Court observed as follows:- “18. In case where the vehicle is not claimed by the accused, owner, or the insurance company or by third person, then such vehicle may be ordered to be auctioned by the Court. If the said vehicle is insured with the insurance company then insurance company be informed by the Court to take possession of the vehicle which is not claimed by the owner or a third person. If Insurance company fails to take possession, the vehicles may be sold as per the direction of the Court. The Court would pass such order within a period of six months from the date of production of the said vehicle before the Court. In any case, before handing over possession of such vehicles, appropriate photographs of the said vehicle should be taken and detailed panchnama should be prepared. 19.
The Court would pass such order within a period of six months from the date of production of the said vehicle before the Court. In any case, before handing over possession of such vehicles, appropriate photographs of the said vehicle should be taken and detailed panchnama should be prepared. 19. For articles such as seized liquor also, prompt action should be taken in disposing it of after preparing necessary panchnama. If sample is required to be taken, sample may kept properly after sending it to the chemical analyser, if required. But in no case, large quantity of liquor should be stored at the police station. No purpose is served by such storing." 6. Having regard to reply submitted by respondents and number of seized vehicles, which they claim to have disposed of, we find that substantial compliance of aforesaid guidelines has been made. However, where the ownership of any vehicle is not claimed either by Insurance Company or third person, the respondents could put the same to auction as per the guidelines of aforesaid judgment. At the same time, if respondents find that if any vehicle is not being claimed by any one of them, they shall ensure that the same should not continue to lay with the police stations in open, which would eventually get rusted and have its value reduced. Efforts should be made on continuous basis for periodical auction of all such vehicles. The trial court with regard to such vehicles should strictly adhere to the guidelines issued by the Supreme Court in aforesaid judgment. The respondents, in doing so, should strictly adhere to the guidelines issued by the Supreme Court. It goes without saying that the same are also binding on all subordinate courts. 7. Writ petition is disposed of with aforesaid observations and directions.