MAZHAR ALI KHAN Vs. CHIEF JUDICIAL MAGISTRATE FATEHPUR

JUDGEMENT

(1.) On 23-2-1995 the petitioner's passenger bus was seized by Station House Officer, police station Kotwali, Fatehpur. The petitioner thereafter moved an application for release of his vehicle before the Regional Transport Officer, Allahabad. This application has been rejected on 28-2-1995 on the ground that as the vehicle has been seized by the police Official, he has no power under sub-section (2) of Section 207 of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act) to release the vehiclepetitioner also moved an application before the Chief Judicial Magistrate for release of vehicle but his prayer has also been rejected by the Chief Judicial Magistrate on 28-2-1995 on the ground that he has no power under sub-section (2) of Section 207 of the Act to pass any order of release. Being aggrieved, the petitioner has filed this writ petition.

(2.) We have heard the learned counsel for the petitioner and the learned Standing Counsel.

(3.) Under sub-section (1) of Section 207 any police officer or other person authorised in this behalf may seize and detain the vehicle if he has reason to believe that the vehicle is being used in contravention of the provisions mentioned therein. This provision imposes obligation on the officer who seizes the vehicle to take steps for temporary safe custody of the vehicle. Division Bench of this Court in Jugal Kishor v. State 1994 (24) ALR 585 has laid down that such officer who has seized the vehicle can pass order for temporary release of the vehicle in favour of the owner subject to furnishing of adequate security by him.