ANAND Vs. NCT OF DELHI

JUDGEMENT

(1.) The petitioner is the registered owner of a car bearing No. DL 4 CB 6473. Some time in the year 1993 the said car was involved in a crime and was impounded by the police. On the application of the petitioner the car was released on Superdari for Rs. 1,70,000/- on 4.5.1993 with the direction to produce the same as and when required in the Court. The petitioner was given a notice to produce the car on 27.2.2002 i.e. after 9 years when the matter came up for evidence. In response to the said notice the petitioner appeared and gave the undertaking to produce the same on 19.3.2002. Unfortunately the car was stolen and he lodged an FIR with the police. On 19.3.2002 notice under Section 446, Cr.P.C. was given calling upon the petitioner who was bound by "Superdarinama" to produce the car to show cause why the penalty be not imposed and paid by him.

(2.) Pursuant to the notice petitioner disclosed that the car has been stolen and FIR has been lodged in this regard. Acting on the report of the ACP (Crime) that there was no evidence of vehicle being stolen and false plea has been taken by the petitioner, penalty of Rs. 1,70,000/- was imposed.

(3.) On his failure to pay the penalty warrants of attachment were issued. The petitioner moved an application for cancellation of the warrant of attachment. The learned ASJ dismissed the application vide impugned order dated 31.7.2003 on the premise that since the penalty has been imposed the Court has no power to recall/ cancel the warrant of attachment.