SUKHJINDER SINGH 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 vehicle/Tractor-Trolley. Registration of tractor trolley has been applied, which is registered as UK 18CA 2916. It is submitted that he has taken the trolley on rent from Mr. Danish, who is registered owner of the trolley. According to the petitioner, on 20.05.2018, when employee of petitioner was carrying RBM (Rodhi), police personnel of respondent no.4 illegally seized the said vehicle on the pretext of overloading and for not having the royalty of the loaded RBM. It is alleged that, on the basis of aforesaid incident, Criminal Case No.1057/2018 was registered and the driver of the vehicle of the petitioner confessed the offence and the Court of Judicial Magistrate, Bazpur imposed penalty/fine on the driver and ordered for the release of the vehicle. According to the petitioner, the driver of the vehicle deposited the fine imposed by the learned Court below. It is alleged that, despite the order passed by the learned Judicial Magistrate, the respondent no.4 is not releasing the vehicle of the petitioner and is withholding the aforesaid Tractor & Trolley. Hence, this writ petition.

(3.) Learned counsel for the petitioner submitted that the driver of the petitioner has already deposited the fine imposed and the learned Magistrate has ordered for the release of the said vehicle; but, despite this fact, the respondent no.4 is not releasing the said vehicle.