IN RE Vs. TASSI PALZOR

JUDGEMENT

(1.) THIS judgment shall dispose of Cr.MMO No. 103 of 2011 and Cr.MMO No. 104 of 2011, which have been registered on suo motu action of this Court. Cr.MMO No. 103 of 2011 has arisen out of order dated 19.2.2011 passed by Chief Judicial Magistrate, Mandi in case No. 398-17 of 2011 imposing fine of Rs. 700/- and releasing the vehicle No. BP-2-2335 Land Cruser Jeep in favour of respondent No.1. Cr.MMO No. 104 of 2011 has arisen out of order dated 15.2.2011 passed by Chief Judicial Magistrate, Mandi in case No. 399-17 of 2011 imposing fine of Rs.2,000/- and releasing the vehicle No.BP-1A-8399 in favour of respondent No.1.

(2.) THE facts in brief are that on 10.2.2011 Head Constable Rajesh Kumar, Police Post, Riwalsar alongwith other Police staff were checking traffic at Riwalsar Bazar, the vehicle bearing No. BP-2-2335 Land Cruser Jeep, came from Mandi side. The vehicle was signaled to stop and the driver of the said vehicle was asked to produce the driving licence, registration certificate, insurance and any authorization to drive in India. The vehicle was challaned and taken into police possession under the Motor Vehicles Act, 1988 (for short 'Act') and the vehicle was kept at Police Post, Riwalsar. The respondent No.1 prayed to Chief Judicial Magistrate, Mandi for releasing the vehicle and the vehicle was released in favour of respondent No.1 by the Chief Judicial Magistrate, Mandi on 19.2.2011 by imposing Rs. 700/- fine. The vehicle was not registered in India.

(3.) ON 10.2.2011 the respondent No.1 had taken out the vehicle from garage for washing on the information that owner of the vehicle was coming to collect the vehicle. The owner requested for cleaning and checking of the vehicle as it was lying parked for long time.