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Home News Jammu

Seizing 2-wheelers in violation of MV Act very serious: Court

INS Desk by INS Desk
November 7, 2021
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Accused can’t be punished on moral conviction or suspicion: HC 
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Srinagar: A court here has sought a report within ten days from SSP Srinagar regarding detaining of two wheelers including bikes and scooties in the summer capital, observing that allegations that same is being seized in violation of Motor Vehicle Act are “very serious in nature.”

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Additional Special Mobile Magistrate passed on the orders after a “social activist”, alleging that police was illegally detaining the two-wheelers.

He had demanded an inquiry into the matter and “strict action” against the erring official who according to him are misusing their official position for “monetary gains and are violating provisions of MV Act as well as exercising powers of Traffic Court “unlawfully.”.

“The instant application has been filed by the applicant Naveed Bukhtiyar who claims to be a social activist. It has been pleaded in the application that from last one month J&K Police has been detaining two wheelers illegally in violation of the provision of the Motor Vehicle Act and thereafter releasing the same by exercising the power of Mobile Magistrate/Traffic Judge,” the court said, adding, “It has been further pleaded that the illegal action of (police) has not only caused humiliation, mental agony but also took away the fundamental rights of the people.”

The activist also pleaded that he was himself the “victim of illegal acts of police as his vehicle has also been detained illegally and unlawfully.”

“The applicant has raised serious issues of detaining the vehicles illegally under the garb of Motor Vehicle Act and releasing them latter by exercising power of Traffic Magistrate as such, the issue requires the indulgence of this court as the allegations are very serious in nature and the applicant is on affidavit,” the court said, adding, “Therefore keeping in view what has been discussed above, the SSP Srinagar is directed to call the report from all the police stations within district Srinagar regarding the issue  and submit the compliance report before this court within a period of ten days.”

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