JITENDRA MOHANLAL JAYSWAL Vs. INSPECTOR OF MOTOR VEHICLES

JUDGEMENT

(1.) The petitioner has prayed for a declaration that the seizure and detention of his vehicle bearing No.GTX-3219, an omnibus, by respondent authorities under the Motor Vehicles Act was illegal and for the consequent direction to release the vehicle. Admittedly, the vehicle was checked on 20.12.1996 at around 10.00 a.m. on Sanand - Viramgam Road and detained thereafter on the grounds of doubtful registration and revelation that original documents of the vehicle were not produced, registration number was not painted on both sides and chassis number and engine number of the vehicle were not tallying with those mentioned in the copies of the papers of the vehicle.

(2.) According to the petition itself, the petitioner had changed the chassis without obtaining approval of or notifying it to the registering agency. The chassis found in the said vehicle bore the numbers which were the chassis number of another bus of one Shri Kirtikumar Pranlal Jaiswal and that bus bore registration No.GJ-1-T-5252. According to the averment made on oath in the petition in para 2 (f): "The petitioner states and submits that in the meantime, petitioner also made inquiries about the original owner of the chassis purchased by him and petitioner has learnt that this was a chassis of the passenger bus of one Shri Kiritkumar Pranlal of Rajkot who had disposed off his vehicle No.GJ-1-T.5252 in scrap with intimation to the RTO Office, Rajkot by his application dated 12.3.1996."

(3.) On the above material and relevant factual averments, it was contended that the seizure or detention of the vehicle under section 207 was illegal and the only lapse committed by the petitioner was that he had carried out alteration without previous notice to or approval of the registering agency.