Intervene in case of unclaimed vehicles: HC to Chief Secys - Mandi Gobindgarh News

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Friday, November 29, 2019

Intervene in case of unclaimed vehicles: HC to Chief Secys


Intervene in case of unclaimed vehicles: HC to Chief Secys

Saurabh Malik

Tribune News Service

Chandigarh, November 28

Taking note of a news report carried these columns on unclaimed vehicles lying in police stations across Punjab, Haryana and Chandigarh, the Punjab and Haryana High Court has called upon the Chief Secretaries of both states and the UT Home Secretary to intervene.

Justice Arvind Singh Sangwan has directed the High Court Registry to issue notice to Haryana and Punjab through their Chief Secretaries and UT, Chandigarh, through its Home Secretary. They have been directed to file specific affidavit indicating whether both states and the UT have constituted committee of officers/officials for the disposal of such vehicles.

They have also been asked to specify if there was any standing order, policy, instructions or guidelines framed by the states and the UT regarding disposal of impounded vehicles lying in the police stations.

Justice Sangwan elaborated the impounded vehicles regarding which the affidavit were to be filed were the ones taken in possession during investigation of any case and included matters that were untraced, cancelled and under appeal post conviction. They were further asked to come out with a detailed district-wise chart showing number of vehicles lying in the police stations.

Justice Sangwan asserted some of the vehicles were impounded by the police in the cases under the Narcotics Drugs and Psychotropic Substances Act or the Terrorist Activities Act. Some others were impounded in cases of theft and accident or were found abandoned by the police. Many of the vehicles were lying in the police stations as no one came forward to claim ownership or “superdari”. Vehicles were also lying in the judicial malkhana even after the disposal of trial as no one came forward with to stake claim.

“Though a perusal of the Punjab and Haryana High Court Rules and Orders shows that these rules provide for procedure for disposal of case property of all type of categories, including vehicles, no time schedule is prescribed. Therefore, the disposal of the case properties/vehicles, lying in the police stations, is delayed for years”, Justice Sangwan asserted, adding that a number of petitions were coming up for hearing before the HC.

Before parting with the order, Justice Sangwan added the Delhi High Court, vide its judgment dated September 10, 2014, had issued detailed guidelines on the subject in terms of relevant provisions, the Delhi HC Rules and Orders and with reference to a judgment rendered by the Supreme Court, “where a direction was issued that articles lying in judicial malkhana should not be kept for more than a month and be disposed of without awaiting the completion of trial”. Taking up the petition filed by Sakina Begum, Justice Sangwan also directed the trial court to release a motorcycle on interim superdari.


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  • Justice Arvind Singh Sangwan has directed the HC Registry to issue notice to Haryana and Punjab through their Chief Secretaries and UT, Chandigarh, through its Home Secretary. 
  • They have been directed to file specific affidavit indicating whether both states and the UT have constituted committee of officers for the disposal of unclaimed vehicles.

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