Keeping the vehicle in custody serves no purpose and results in damage and mental torture to the owner

Madras High Court Orders Release of Seized Vehicle to Owner, Overturns Lower Court's Decision. Court Emphasizes Protection of Owner's Rights and Prevention of Unnecessary Hardship Under Bharatiya Nagarik Suraksha Sanhita, 2023

In a significant judgment, the Madurai Bench of the Madras High Court has overturned the decision of a lower court and ordered the release of a vehicle seized by the police for alleged illegal quarrying activities. The judgment, delivered by Justice Shamim Ahmed, emphasized the need to prevent undue hardship to the vehicle's owner, Pandi Meenal, who argued that the vehicle's seizure was causing financial and mental distress.

The case arose when the police, during a patrol near Ayyar Kanmoi, Pondhupuli, seized a JCB vehicle registered to Meenal, suspecting it was being used for illegal quarrying. Meenal contended that the vehicle's prolonged custody by the authorities violated her constitutional rights, including her right to livelihood under Articles 19, 20, and 21 of the Indian Constitution.

Initially, the trial court dismissed Meenal's application for the vehicle's release, prompting her to file a criminal revision case with the High Court. Her counsel argued that the police had acted arbitrarily and that keeping the vehicle in open custody would result in damage, making it unusable over time.

In its judgment, the High Court referenced the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023, specifically Sections 497 and 503, which pertain to the custody and disposal of seized property. Justice Ahmed highlighted the necessity for courts to exercise these powers judiciously to avoid undue delays and ensure that owners can continue to utilize their property.

The court also cited precedents, including the Supreme Court's decision in Sunderbhai Ambalal Desai v. State of Gujarat, which stresses the importance of promptly releasing seized vehicles to prevent unnecessary hardship.

Justice Ahmed ordered the release of the vehicle to Meenal upon furnishing a bank guarantee of Rs. 5,00,000 and a bond ensuring the vehicle's availability for trial. He underscored that the prolonged custody of the vehicle was against the principles of natural justice and caused undue financial and mental strain to the owner.

This judgment reinforces the judiciary's commitment to protecting individual rights and preventing unnecessary hardships while ensuring compliance with the law.

Bottom Line:

Release of seized vehicle under Bharatiya Nagarik Suraksha Sanhita, 2023 - Court observed that keeping the vehicle in open custody results in damage and mental/financial torture to the owner - Vehicle to be released with appropriate conditions ensuring its availability for trial.

Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 497 and 503, Constitution of India, 1950 Articles 19, 20, 21.

Pandi Meenal v. State of Tamil Nadu, (Madras)(Madurai Bench) : Law Finder Doc Id # 2807077