JAGATPAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner has prayed for a writ of certiorari to quash the challan of his vehicle (Vikram Tempo No. UP 32 T 4341) dated 13.09.2000, contained in Annexure-1 to the writ petition. He has further prayed for a writ of mandamus commanding the opposite parties to release his above vehicle-The vehicle of the petitioner has been seized under Section 207 (1) of the Motor Vehicles Act, 1988.

(2.) Learned counsel for the petitioner has submitted that in similar cases, orders for release of the vehicle through Chief Judicial Magistrate have been passed by this Court earlier. In support, he has filed a copy of such order as Annexure-6 to the writ petition. Learned counsel for the State has submitted that under Section 207 (2) of the Motor Vehicles Act, 1988 power to release such vehicle has been given to the transport authority or any officer authorized in this behalf by the State Government and the Chief Judicial Magistrate has no power to release the vehicle.

(3.) We have considered the submissions of the learned counsel for the petitioner and also of the State counsel. Section 207 of the Act provides as follows :-