ARIF KHA 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 Truck bearing registration no. UP 25 BT 5278. It is stated that, on 10.4.2018, the said vehicle of the petitioner after loading RBM (Rodhi) (14.5) Tons from Meghraj Garg Mahadev Stone Crusher Village Dahbura, Tehsil Kashipur was going to Bareilly and for the said RBM due royalty was paid. It is also submitted that when the said truck was reached in the territorial jurisdiction of P.S. Bazpur, the police officials stopped the vehicle of the petitioner and when the petitioner's driver shown royalty receipt, the police officials stated that they have nothing to do with the royalty receipt and the petitioner's driver has to pay Rs.5, 000/-, if he want to move further with his vehicle. When the petitioner's driver showed his inability the police seized the vehicle of the petitioner and without doing weight of the vehicle, the police challaned the vehicle of the petitioner by alleging that the petitioner's driver failed to show the documents of the said RBM and further alleging that the vehicle appeared to be overweight and the said vehicle was taken to police station premises. Thereafter, petitioner moved a release application before the respondent no.3 on 18.4.2018; but, no action was taken. Again on 16.5.2018, the petitioner moved an application for release of his vehicle; but, till date the respondent no.3 has not decided the aforesaid applications 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 illegal and arbitrary manner, without conducting weight of the vehicle, challaned the same as overweight.