ANANDI DEVI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This Criminal Miscellaneous Application, under Sec. 482 CrPC, is preferred to quash the order dtd. 23/7/2019 passed by the Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar in Misc. Criminal Case No. 601 of 2019, State v. Rashid, under Sec. 207 of the Motor Vehicles Act, whereby the application filed on behalf of the applicant for release of the vehicle has been rejected.

(2.) The case of the applicant is that she is the registered owner of the vehicle Tractor Trolley No. UK 04L 8943. On 8/5/2019, an FIR was registered with the allegation that the said vehicle was found loaded with illegal minor mineral. Consequently, the said vehicle was seized and challaned by the police of PS Kashipur under Sec. 207 of the Motor Vehicles Act and since 8/5/2019, that vehicle is lying parked in the open area of the said police station.

(3.) The learned Magistrate has rejected the release application, moved on behalf of the applicant, on the ground that the challan/chargesheet was not received in the said Court and, therefore, as per the provisions contained under Sec. 207(2) of the Motor Vehicles Act, the power to release any such vehicle lies with the transport authority or any officer authorized in this behalf by the State Government.