Auctioning of confiscated motor vehicles?
Guest
(Querist) 07 January 2012
This query is : Resolved
I get quite upset whenever I pass by some Police Station in the neighborhood.Hunderds of two wheelers , 4 wheelers including cars , trucks , ambulances can be found lying in dis-use in such car ponds under the able super-vision of our police staff.
I am told unless court orders its release or auction govt at the state or the police deptt is not empowered to auction those vehicles.
In a country where justice is delivered after 22.3 years on an average what could be fate of those confiscate vehicles?
Can't we be little more innovative? Can't we dispose of the vehicles within 3 months?
What is exactly the rule position?
Chanchal Nag Chowdhury
(Expert) 07 January 2012
The Rules are extremely flexible. A lot depends on the presiding Officer of the court- whether he chooses to be a judge or a high-paid clerk looking forward to the Pay packet at the end of the month as diligence brings in no extra amounts to his existing pay packet.
Deepak Nair
(Expert) 07 January 2012
Your suggestion really looks good, but practically not possible as the vehicle which is the subject of a case cannot be disposed off unless and until the case is disposed off.
Raj Kumar Makkad
(Expert) 07 January 2012
The vehicles confiscated in the case are generally not required to be retained in the custody of police station till the finalization of the concerned case rather the owner of the vehicle can take his vehicle on sapurdari from police station after obtaining permission from the concerned court. The process is very easy but it is seen that generally concerned owners do not get those vehicles on sapurdari and those remain lying within the premises of police stations resulting thereby the condition you told.
Some other vehicles are caught while raiding and actual owners remain to be traced out resulting the same situation.
Devajyoti Barman
(Expert) 07 January 2012
This type of query should be discussed in Forum , not here.
Guest
(Querist) 08 January 2012
A brilliant mind howsoever brilliant it might be is of no use to the society if it engages itself to maintain statuesque.
The law is an ass and the Goddess of LAW is blindfolded.The vehicles confiscated and kept in the car ponds as suggested by Sri Makkad could easily be disposed off but why it is not happening. I am sure the advocates , who are considered the LAW OFFICERS of the court share the blame and be proactive as well.
R.Ramachandran
(Expert) 08 January 2012
Everyone in the legal fraternity knows that the justice delivery system in the country needs to be drastically improved.
Till such time the improvement takes place, there is no magic wand to wish away these maladies and there is no quick fix solutions to these issues.
Those who have knowledge alone do not have the power to effect changes.
Even those who have knowledge and position of power to bring about changes find it difficult to bring in those changes because of lack of support at the legislative bodies.
Those who know the current scenario and hence biding time, cannot be said to be statusquoists.
Even if one cries from the roof top, or agistates continuously in the streets, such cries and agitations will get drowned in the din.
The society as such is evolving.
Therefore, there is no point in trying to apportion the blame.
Such statements as made by the querist would look completely hollow if one looks things in perspective.
Ask those persons like the querists who blame, what have they done effectively except blaming - the answer would be a big ZERO!
So much for such false bravados, writings, and self-acclaimed crusaderships!
Guest
(Querist) 08 January 2012
OK . Each one of us to take the blame in part or full but time is ripe for coming out of the shell of the statuesque and contribute positively for the society which stands termite eaten. Being in the Army immediately after graduation , yes I was insulated from such pathetic situations. Post retirement I have the time in my disposal to see things differently.It is those statuesque, the colonial hangovers and the antiquated laws which are keeping us down. My sincere requests to all the experts to spare a few minutes to get New Emerging India from the statuesque.
prabhakar singh
(Expert) 08 January 2012
The law is so that those vehicles are treated the case property and unless there is any claimant they can not be disposed of until the case it self gets finally disposed off.
The Experts can not play a social activist role by this plat form of lci.
Your suggestions are valid and you should lead a launch make some special group and site to activate these we would be co operating you joinig there.
Anirudh
(Expert) 08 January 2012
I find that Mr. Haridas is raising several doubts here about the legal positions on various topics.
When he himself is not clear as to what is the legal position, but says that "Post retirement I have the time in my disposal to see things differently."
Ask him as to what are the reforms which he brought out in the Indian Army where he claims to have insulated himself immediately after graduation. If he had not done anything there, which is comparatively lesser place considering the whole of the country, he can do nothing here. I find that he does not even know how to handle a problem concerning the car parking in a society and has asked for opinion from others. Such a person is talking about reforming things. Truly laughable!
First he should try to understand the reasons for the difficulties, come up with solutions, and then try to convince others. A blind man cannot lead others! He should not try to confound others with his own many confusions!! I only pity those who would be considering his proposal.
Deepak Nair
(Expert) 09 January 2012
This discussion is unnecesarily proceeding further. I thing we shall stop this here itself.
Dear Mr.Mandal,
As advised above, please post such issues in the Forum Section.
Guest
(Querist) 25 January 2012
Dear Anirudh
You are here on your own steam as an Expert in your field.I am not trying usurp that space. But let me tell you I am also an expert in my field. And lots of years of experience being the police, the prosecutor and the judge rolled into being a commissioned officer in your Armed Forces. I certainly have ny experiences may be somewhat restricted to Army Acts and Rules. Never-the- less can consider it being sufficiently exposed as I had to pass the Military law to qualify myself for the next rank and them implement it on ground when commanding troops.
Army is changing that's the positive contribution by each one of us. The society is changing that's the positive contribution from your fraternity. We must desert some of the Manuwadi Manhoos mentality and start respecting each other for his expertise in his chosen or thrusted upon field of work. Let's not demean each other. Let's add and add and add values to each others. We all are neded for the nation building.Let it be that time trying to be one up with personal insinuations.I offer my apology if I had done to anyone knowingly or unknowingly.
Wish you all a very dynamic holistic all inclusive Republic Day.
Anirudh
(Expert) 25 January 2012
Dear Haridas,
You said that "Post retirement I have the time in my disposal to see things differently."
Even for reacting to my simple post, it took you virtually 17 days! This despite your claim to having time at your disposal.
Please remember, the maladies in the society exist, not due to want of, despite efforts by the powers that be.
I reiterate that I least consider you fit to usher in any change that you project!
I do not know what do you mean by Manuwadi Manhoos mentality, and how that fits in, especially in the present discussions. In any case, it does not concern me.
Guest
(Querist) 26 January 2012
Sorry there is no remedy in sight. Leave the matter to others to judge.
V R SHROFF
(Expert) 26 January 2012
Shri Haridas,
I appreciate your positive attitude . There is no place to store in Mumbai.
Muddamal is usually released in 90% of cases within a month.
You may go for PIL, because majority of your Query based on Public Interest.
Advocate and Court only obey Laws. Cannot change it. Police administer it. We cannot change.
Let Govt Decide, as it is of concern, and rightly suggested, should retain max period of 3 months, as it is a Nationalistic Loss too.
Guest
(Querist) 26 January 2012
Dear Sri Shroff
Pl do not mistake it as Annaism. But a society is considered dynamic and hence must change its lAWs to cope up with the ground reality.I am reminded of an advocate who told " if one is fallen ill he does not hesitate to go to a doctor but why should he hesitate to engage a lawyer if needs legal help? And I think he is right".
Similarly all changes brought in the legislation wouldn't have come without the proactive support of the LAW-DOCTORs.
As a common man I am perturbed what I see around and ask the law-doctors what is the remedy. I think the point if acceded to can certainly be put across to the LAW BAR Council by one of your fraternity or please guide me how to how to make a representation to one such august body.
Jai Hind.
