SHAILENDRA KUMAR MOTWANI Vs. STATE OF M P

JUDGEMENT

(1.) Heard Shri H. C. Kohli, learned counsel for the petitioner, on the question of admission ahd interim relief.

(2.) The petitioner has filed this petition being aggrieved by order dated 9-6-2011 passed by the Regional Transport Inspector, Bhopal and the order dated 28-6-2011 passed by the Chief Judicial Magistrate, Bhopal.

(3.) The brief facts, leading to the filing of the present petition, are that the petitioner, who is having an All India Permit, was required to ply his bus No. UP 75 M 2246 from Kanpur to Pachmari between 5-6-2011 and 10-6-2011. On 9-6-2011 when the vehicle was passing from Gandhi Nagar, Bhopal the same was stopped, checked and thereafter it was seized by the authorities vide seizure memorandum dated 9-6-2011 on the ground that it was plying without permit and the certificate of tax payment as required under section 16(3) of the M.P. MotorYan Karadhan Adhiniyam, 1991 (hereinafter referred to as 'the Adhiniyam of 1991') was not shown to the authority in spite of demand. The petitioner thereafter filed an application under section 457 of the Code of Criminal Procedure, 1973 for release of the vehicle before the Chief Judicial Magistrate, Bhopal but the same has been rejected by the impugned order dated 28-6-2011 on the ground that the matter was under consideration in accordance with the Adhiniyam of 1991 and under such circumstances the Court has no jurisdiction to release the vehicle. The petitioner, being aggrieved, has filed the present petition.