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Alok Motan (Advocate)     22 February 2010

NOT A FAMILY LAW RELATED ISSUE BUT SEEKING URGENT HELP....

anyone from Delhi pls advice.....ALTHOUGH ITS NOT A FAMILY (LAW) DISPUTE RELATED QUERY BUT URGENT SUGGESTIONS NEEDED......

a vehicle was picked up by Police.....under section 66 Delhi Police Act....let me brief u what Section 66 says....

POWERS IN RELATION TO UNCLAIMED PROPERTY



66.Police to take charge of unclaimed property.- (1) It shall be the duty of every police officer to take temporary charge-


(a) of all unclaimed property found by, or made over to, him; and

(b) of all property found lying in any public street, if the owner or person in charge of such property, on being directed to remove the same, refuses or fails to do so.


(2) The police officer taking charge of the property under sub-
section (1) shall furnish an inventory thereof to the Commissioner of Police.

NOW MY QUERY IS THE OWNER OF THE VEHICLE WAS PRESENT AT THE SPOT....NEITHER HE REFUSED TO REMOVE THE VEHICLE FROM THE SPOT...MEANING THEREBY THE VEHICLE WAS NEITHER UNCLAIMED..AS THE OWNER WAS PRESENT NOR ANY POLICE OFFICIAL ASKED HIM TO REMOVE FROM THE SPOT....

NOW THE CASE IS....ONE CONSTABLE SAT IN THE VEHICLE OF THAT PERSON AND ASKED THE DRIVER TO DROP HIM TO NEARBY POLICE STATION....UPON REACHING THERE...THE CONSTABLE ASKED THE DRIVER TO PARK THE VEHICLE IN THE PIT AREA.....AND HANDED OVER A SLIP TO THE OWNER...STATING HIM ...HIS VEHICLE HAS BEEN IMPOUNDED...

I WANT TO FILE MY OBJECTIONS AGAINST SUCH IMPOUNDING.....PLS SUGGEST.......
 



Learning

 12 Replies

aruntrivedi (lawyer)     23 February 2010

file m case before magistrate and pray for release of vehicle also issue show cause notice to concerned PSI/PI or incharge of police station. take help of local lawyer An order received from Magistrate only can release vehicle, of course a NOC shall be required from Police Station concerned - better to first issue show cause Notice to Police Incharge Authority and then take further action in matter.

girishankar (manager)     25 February 2010

Go Human Rights Commision

girishankar (manager)     25 February 2010

Go To Human Rights Commission

Alok Motan (Advocate)     27 February 2010

arre bhai HRC kya karegi ismey........??

Daksh (Student)     27 February 2010

Dear Alok,

Make a complaint against that cop who allegedly impounded the vehicle with a copy of the same to the Commissioner of Police stating all the facts with copies to the same to national dailies.  

Best Regards

Daksh

girishankar (manager)     27 February 2010

Dear Alok Ji

I asked to got H R C against the said cop.........

Suri.Sravan Kumar (senior)     03 March 2010

approach police higher officials and bring to their notice about the illgal act of PC. If no action is taken file private complaint before Magistrate or file application under RTI Act asking the details for impounding the vehicle.

bhupender sharma (head)     03 March 2010

u make a complaint to the ocncerned magistrate in this regard and also file the application for release of the vehicle form unlawful custody of the vehicle and a status report in this respect may be called for.

Anil Agrawal (Retired)     10 March 2010

Ground reality. No one will listen. Towing of vehicles is a big business where transport contractors and police collude. When you go to get your vehicle, they will charge you 500 and give you a receipt of 100. It is a daily occurrence throughout India just what the truck operators are paying regularly to RTO/Police on highways for plying the trucks and they don't grudge otherwise the loaded truck will be impounded for days together.

Please go to the parking lot, pay and get the vehicle. If at all and by the time the court orders release of the vehicle, you will get nothing except junk.

I am not encouraging corruption. We live with it. 

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     10 March 2010

sorry no idea.

girishankar (manager)     11 March 2010

Anil Ji is right intead of spending 100 you will hav to spend Ur valuble Time and more money

mahendrakumar (marketing)     20 March 2010

Dear Anil,

If you want to get back the vehicle without further damages,you got to pay them.  this is the harsh indian reality.

Any other remedies suggested above are all very time consuming and are "Utopian".

Being an Indian, I regret to say like this.


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