{"id":228973,"date":"2020-05-02T11:18:32","date_gmt":"2020-05-02T05:48:32","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=228973"},"modified":"2020-05-08T10:28:11","modified_gmt":"2020-05-08T04:58:11","slug":"kar-hc-police-officers-can-exercise-power-under-s-1023-crpc-to-give-custody-of-vehicles-seized-for-covid-19-guidelines-violation-owners","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2020\/05\/02\/kar-hc-police-officers-can-exercise-power-under-s-1023-crpc-to-give-custody-of-vehicles-seized-for-covid-19-guidelines-violation-owners\/","title":{"rendered":"Kar HC | Police Officers can exercise power under S. 102(3) CrPC to give custody of vehicles seized for COVID-19 guidelines violation owners"},"content":{"rendered":"

Karnataka High Court:\u00a0<\/strong>A Division Bench of Abhay S. Oka, CJ and B.V. Nagarathnna, J. held that , owners of seized vehicles due to breach of COVID-19 Guidelines may approach jurisdictional Police Officers for the same.<\/p>\n

An interlocutory application has been tendered wherein it has been stated that from 25-03-2020 till date, approximately 35,000 vehicles have been seized within the limits of Bengaluru City for violating of Section 188 of Penal Code, 1860 and clause (b) of sub-section (1) of Section 51 of Disaster Management Act, 2005.<\/p>\n

Further with regard to the release of the above vehicles, it has been pointed out that owner will have to file applications before the Jurisdictional Magistrates.<\/p>\n

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Courts of the jurisdictional Magistrates will be flooded with such applications and will lead to crowding of Courts.<\/p>\n

Thus in view of the above, State Government sought direction permitting jurisdiction Police Officers to exercise the power under sub-section (3) of Section 102 of CrPC to handover the custody of seize vehicles.<\/p>\n

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In view of the huge number of vehicles beings seized, a great deal of urgency\u00a0 was seen and thus the State Government was requested to immediately take up present IA.<\/p>\n<\/blockquote>\n

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AGA while pointing out sub-section (3) of Section 102 CrPC, submitted that firstly, such large number of vehicles cannot be conveniently transported to the jurisdictional Courts and secondly, it is difficult to secure a proper accommodation for safe custody of such large number of vehicles.<\/span><\/p>\n

He also submitted that along with the above stated Sections for penalisation, Section 179 of Motor Vehicles Act, 1988 may also be attracted.<\/p>\n

Bench agreeing with the AGA’s submission stated that,<\/p>\n

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in case of such seizure of vehicles for the offences relating to breach of the directions concerning COVID-19, it will be open for the jurisdictional Police Officers to exercise the powers under sub- section (3) of Section 102 of Cr.P.C and to give custody of the vehicles in terms of sub-section (3) of Section 102 to the owners.<\/p>\n<\/blockquote>\n

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It will be appropriate if the power under sub-section (3) of Section 102 of CrPC is exercised by the jurisdictional Police Officers on an application made by the owners of the vehicles.<\/p>\n

Court’s Order<\/strong><\/p>\n

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