MAKSOOD Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) This petition has been filed by the petitioner seeking the following relief:

(2.) It is submitted by the learned counsel for the petitioner that the petitioner is the owner of the vehile/ truck bearing No. UP 14 AH 9345. It is stated that, on 05.04.2018, the police of P.S. I.T.I. challend the aforesaid vehicle of the petitioner, as unclaimed and also shown that in the vehicle illegal R.B.M. is loaded. Thereafter, on the direction of the S.S.P., Udham Singh Nagar, the police of P.S. I.T.I. called report from the D.C.R.B., Moradabad and Regional Transport Officer, Moradabad in respect of the said vehicle and the Police Authority of Moradabad reported that no case is registered against the said vehicle. After challan of the vehicle, the petitioner duly deposited the entire fine charged upon the vehicle and the matter was compounded. Thereafter petitioner preferred release application before the S.D.M., Kashipur and the S.D.M. Kashipur vide order dated 17.04.2018 directed the S.H.O. of P.S. I.T.I. that regarding the challen the petitioner has deposited the entire fine and the matter has been compounded and as such if the vehicle of the petitioner is not involved in any other case, the same may be released in favour of the petitioner; but, the police officials of the P.S. I.T.I., Udham Singh Nagar refused to release the vehicle of the petitioner. Hence, this writ petition.

(3.) 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 an illegal and arbitrary manner challaned the vehicle of the petitioner.