Indur (Nizamabad, Telangana) – ‘The Police are not authorised to seize any property including vehicles without carrying out legal Panchnama as per provisions of IPC’, said Advocate Gangadhar Goudin his notice sent to the Superintendent of Police, Nazamabad. While taking objection to the present practice followed by the Police during lockdown, Adv. Goud cited various sections of IPC and gave reference to the judgements of Higher courts. A few days back, the two-wheeler of the volunteers of the Hindu Janajagruti Samiti was seized by the Police in such an illegal manner.
Adv. Goud wrote in the notice, “More than 800 vehicles which include 887 two-wheelers, 49 auto and 40 four-wheelers were seized by you from various persons in this a lockdown period. The seizure has to be done as per the procedure laid down by the Criminal Procedure Code as FIR might have been registered by you in this regard.
- As per law, every seizure of property has to be conducted under a Panchanama by 2 witnesses. We are unable to know that in this lockdown period, how you are doing this Panchanama. Kindly provide us with the information/details as to how you have done this Panchanama or it will have to be presumed that the vehicle has been seized and kept in your Police stations/station campus by simply violating the law.
- Secondly, the Supreme Court has time and again come down with various judgements such as Sunderbhai Ambalal Desai v. State of Gujarat, Sadiq Ahmed v. State of Karnataka (Karnataka) and Manjith Singh v. State (Delhi High Court), where the Hon’ble Supreme Court and High Courts have directed to immediately return the vehicles to its owners to avoid damage, destruction and loss of the vehicle and if any damage is caused to the vehicle, then State will have to pay the estimated value of the vehicle or compensation.
- That once the vehicle is seized, the same should be intimated to the magistrate on an immediate basis and the magistrate has to take notice of this issue and return the property by taking appropriate orders.
- Kindly convey us the action taking by you. In case you fail to do so, we will be compelled to take legal action against you, including the filing of the petition before High Court and Supreme Court for the matter for which you will be personally responsible”.