RAM SEWAK JAISWAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The facts giving rise to this revision petition are that the Vehicle No. UMH 9002 (Private Vehicle Matador) allegedly owned by the applicant was seized by the Additional Regional Transport Officer, Varanasi under Section 207(1) of The Motor Vehicles Act, 1988 for not having valid documents etc. Thereafter the applicant moved an application before the Magistrate concerned, i.e. Addl. Chief Judicial Magistrate-II, Varanasi for release of the said vehicle, but the Magistrate concerned declined to accept the request of the applicant on the plea that under Section 207(2) of the said Act the power has been given for releasing the vehicle seized under Section 207(1) of the Act to transport authority or any officer authorised by the State Government in this behalf.

(2.) The learned counsel for the applicant argued that it is the Magistrate who has got power to release the vehicle under the Code of Criminal Procedure. I do not agree with the learned counsel for the applicant in the present, circumstances of the case. The provisions contained in this special Act will override the provisions of general law, i.e. the Criminal Procedure Code. Under Section 207(2) of the Motor Vehicles Act, 1988 it has been specifically provided that where a motor vehicle has been seized and detained under sub-Section (1), the owner or person in charge of the motor vehicle may apply to the transport authority or any officer authorised in this behalf by the State Government together with the relevant documents for the release of the vehicle and such authority or officer may, after verification of such documents, by order release the vehicle subject to such conditions as the authority or officer may deem fit to impose.

(3.) In view of this specific provision in the Motor Vehicles Act, 1988 the order passed by the learned Addl. Chief Judicial Magistrate, Varanasi does not suffer any illegality or irregularity. I, therefore, decline to interfere in this revisional jurisdiction. However, the applicant can move for release of the vehicle before the proper authority in view of Section 207(2) of the Motor Vehicles Act, 1988 alongwith relevant documents for release of the vehicle and that the said authority will decide that application, if moved by the applicant, expeditiously in accordance with law.