Excelsior Correspondent
Srinagar, Aug 13: Principal Sessions Judge Kulgam has directed the Judicial Magistrate is not supposed to put the condition which does not show legality while releasing the seized vehicle and directed the court below to reconsider the condition as laid down for releasing the vehicle in question.
The Principal Sessions Judge Kulgam Tahir Khurshid Raina declared the condition of depositing of Rs 8 lakhs for release of a seized tractor as un-sustained and directed the court below to re-consider the condition of release of seized vehicle along with the prayer of the applicant and pass appropriate orders forthwith.
“I am at a fair conclusion that the condition of depositing cash amount of Rs.8 lakhs for release of seized vehicle, put by the trial court as a precondition does not appeal to common sense, legality and proprietary. Accordingly, it is declared un-sustained by exercise of power of revision as enshrined under section 397 Cr.P.C”, court directed.
Court said the Magistrate was not supposed to enter into the arena of Motor Accident Claim Tribunal (MACT) but was simply to take sufficient security or cash if applicant is voluntarily ready to pay the same, to the extent, it is proportionate to the value of the vehicle.
“Otherwise no claimant will be ready to pay the high value security and court has to undertake an exercise of selling the seized vehicle. Law is a common sense and in this context, the common sense demands that sufficient security should not be more than approximate value of the vehicle in question”, reads the judgment.
Court said, it is expected from the court is always to pass an order which appeals to reason and practically implementable. On enquiry from the petition, it was put on record that the seized vehicle is tractor of 2011 Model, purchased at Rs. 5 lakhs and on account of depreciation, its resale value obviously may have got lessened and as per submission of the petitioner its present value is Rs.3 lakhs.
“Now suppose petitioner does not deposit Rs.8 lakhs for release of vehicle, what the trial court will do. Whether it is going to get Rs.8 lakhs on sale of same. Obviously not. And then a time consuming exercise in searching out the buyer of the seized vehicle which is 2011 tractor”, Sessions Judge recorded.
The trial court had put the condition for release of the seized vehicle after depositing of Rs 8 lakhs and in case of default in payment, the legal consequences as per clause the SRO is to sold of the same and proceed of sale may be awarded in a claim case arising out of such accident.
Sessions Court while declaring the condition as laid down by the court below illegal and un-sustainable said, the SRO does not speak of taking such security from the applicant or owner of the seized vehicle which can be finally awarded to the claimant.
Court added that the same is the exclusively domain of the MACT which can finally award the same based on evidence and proper appreciation of the relevant laws governing the field.
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