On Tuesday (June 8, 2021) the Karnataka High Court ordered the State Police to release over 1.5 lakh vehicles seized for violating lockdown rules.
Instead of going to the magistrate, vehicle owners can now make an application to the jurisdictional police officers and ask for the vehicle to be returned in exchange for a deposit.
On the state government's application, a division bench of Chief Justice Abhay Oka and Justice Suraj Govindraj issued the following order. The State Government cited a Karnataka High Court order dated April 30, 2020, which allowed the Bengaluru police to release 35,000 vehicles seized for violating lockdown regulations.
Courts Order
The Court began by noting that the state had seized 1,37,503 two-wheelers, 7,432 four-wheelers, and 7,123 other vehicles, and that it would be difficult for the police to find a suitable location for parking such a large number of vehicles. "Moreover, if the owners of the vehicles apply separately for vehicle return, the Courts of jurisdictional Magistrates will be overburdened," the court added.
The Court issued the following directions:
- Following verification of the applicants' ownership, jurisdictional Police Officers will have the option of releasing the seized vehicles to the owners by exercising the powers under Section 102 (3) of the Cr.P.C.
- The jurisdictional Police Officers can exercise this power if the owner of a goods vehicle (other than three and four-wheeler goods vehicles) is willing to deposit a sum of Rs.2,000/- with the police, a four-wheeler owner is willing to deposit a sum of Rs.1,000/- with the police, and a three-wheeler or two-wheeler owner is willing to deposit a sum of Rs.500/- with the police.
- These sums will be treated as deposits and can be used to pay a fine if the owners are ultimately fined.
- The vehicle's custody can be transferred to the owners if they sign a bond pursuant to Section 102(3) of the Cr.P.C., as well as an additional undertaking not to commit the same violations again.
Finally, the Court stated that if vehicles are seized by police officers in the future for similar violations to those listed in the order dated April 30, 2020, custody of the vehicles can be handed over to the owners on the same terms and conditions.
