Delhi District Court
Mohd. Akil vs The State on 1 June, 2022
IN THE COURT OF SHRI ANIL KUMAR
ADDL. SESSIONS JUDGE -03 : SOUTH DISTRICT
SAKET COURT : NEW DELHI
CA No. 73/22
CNR no. DLST 01-0022682022
Mohd. Akil
S/o Sh. Mohd. Yusuf,
R/o H. No. F-435, J.J. Camp,
Tigri, New Delhi - 110016
.....Appellant
Versus
The State
Govt. of NCT of Delhi ... Respondent
Date of Institution : 22.03.2022
Date of Arguments : 01.06.2022
Date of judgment : 01.06.2022
JUDGMENT
1. Present appeal is filed under section 374 CrPC for setting aside the impugned order dated 26.03.2022 passed by Sh. Ashwani Panwar, Ld. MM, South, Saket Courts, New Delhi whereby directions were given to the traffic authorities for scrapping of vehicle bearing no. DL-3SAB-7760.
2. Brief necessary facts of this appeal are that the appellant found plying an old age diesel/petrol vehicle i.e. motorcycle bearing no. DL-3SAB- 7760 without helmet, without insurance and without pollution under control certificate. On 21.02.2022 at around 02.28 pm in the area of Vasant Vihar, CA No.73/22 Mohd. Akil Vs. State Page no. 1 of 6 Traffic circle. The vehicle was impounded in view of the order of Hon'ble NGT and directions of Hon'ble Apex Court in this regard. The challan was made against the appellant and was sent to court of Ld. MM. The appellant pleaded guilty before Ld. Trial Court and he was admonished for offences mentioned in the challan. However, the vehicle in question was not released to the appellant on the ground that the same was liable to be confiscated to the State and be scrapped as per rules and the fair market value of the scarp shall be paid to the registered owner of the vehicle. The appellant had challenged the said order by way of appeal to the extent that vehicle is liable to be scrapped.
3. It is submitted by Ld. Counsel for appellant that the above mentioned vehicle is the first vehicle of the appellant which was bought by him out of his own hard earned first salary. It is further submitted that the appellant has well maintained the condition of the above-mentioned vehicle by doing its regular services. The appellant is under a bonafide intention and he usually did not use and run the said vehicle on road. It is further submitted that the vehicle is not creating pollution or any kind of indirect threat or harm to the environment. It is further submitted that on 21.02.2022, the above said vehicle of the appellant was challaned under Section 146/196 MV Act, 115 CMVR/190(2) MV Act, 39/192 MV Act, 194D MV Act and 39/192/207 MV Act. The said challan pertains to the jurisdiction of Ld. MM, South District, Saket. It is further submitted that the counsel of the appellant did not appear before Ld. Trial Court due to some emergency about which the appellant was not aware. The appellant appeared before Ld. Trial Court on the date of appearance and was not aware of his right to defend himself and was unable to pout up his submissions and defence before Ld. Trial Court. The Ld. Trial CA No.73/22 Mohd. Akil Vs. State Page no. 2 of 6 Court is grossly erred in passing the impugned order without giving any chance to the appellant for putting his submissions before Ld. Trial Court and passed impugned order dated 26.03.2022 and therefore, the same is liable to be set-aside on this very ground alone as it violates his right of audi alterum partem and principle of natural justice. Ld. Trial Court has passed an order directing the traffic authorities to send the said vehicle to the scrapping authorities after its valuation at the rate of scrap iron metal. It is further submitted that the contention of the Traffic Inspector was that the vehicle no. DL-3SAB-7760 was impounded u/s 207 MV Act. As per the guidelines of Hon'ble Supreme Court of India in case titled as M C Mehta v. Union of India, Vardhaman Kaushik v. Union of India and Sanjay Kulshestha v. Union of India and in order of Transport Department, Govt. of NCT Of Delhi, all documents submitted by the traffic inspector, there is nowhere mentioned that the vehicle shall be scrapped but only the vehicles above 10-15 years shall be impounded. It is further submitted that Section 207 MV Act is a compounding Section and vehicle can be released by the Magistrate, at its discretion, as compounding offences can be admonished by the Magistrate. It is further submitted that the appellant has given declaration on affidavit that he will not ply the vehicle in Delhi/NCT and he has also given statement on oath that he will take the above-mentioned vehicle to his native place situated in Muradabad, U.P.
4. Ld. Addl. PP for the State has submitted that as per the order dated 26.11.2014 of Hon'ble NGT, all the vehicles diesel or petrol which are more than 15 years old shall not be permitted to ply on roads. The said order was challenged before the Hon'ble Apex Court and the said petition challenging the said order was dismissed and held that vehicles violating the order of CA No.73/22 Mohd. Akil Vs. State Page no. 3 of 6 Hon'ble NGT shall be impounded. Concerned Authority issued SOP for scrapping the impounded vehicle. The said SOP has not been challenged before any forum and the same is legally formulated in compliance of order/directions of Hon'ble NGT and Hon'ble Apex Court. In view of the same, the present appeal is liable to be dismissed and the Order of Ld. Trial Court is liable to be followed in its spirit.
5. I have heard Ld. Counsel for appellant and Ld. APP for the State and given my thoughtful consideration to their respective submission. Trial Court record perused.
6. The impugned order dated 12.01.2021 is reproduced as under:
Present: Sh. Mukul Kumar, Ld. APP for the State.
Accused Mohd. Aakil in person.
Challan is perused. Cognizance is taken under Section 146/196 MV Act, 115 CMVR/190(2) MV Act, 39/192 MV Act, 194D MV Act and 39/192/207 MV Act.
Perusal of the record reveals that the vehicle in question is more than 15 years old which is not allowed to ply on road as per the directions of the Hon'ble NGT.
As per the directions of the Hon'ble NGT, a circular has been issued to the effect that any diesel/petrol vehicle which is more than 10/15 years old plying on the road, shall be impounded and scrapped by the authorized scrapper. Also, the market value of the scrap vehicle will be paid directly to the owner of the vehicle.
In view of the above, the vehicle bearing no. DL-3SAB-7760 cannot be released to the applicant/accused/offence/owner of the vehicle and the same is liable to be confiscated to the State and be scrapped as per rules. Fair market value of the scrap vehicle be paid to the registered owner of the vehicle.CA No.73/22
Mohd. Akil Vs. State Page no. 4 of 6 The accused has been explained the nature of the accusation to which he pleaded guilty. Considering the facts and circumstances, he is hereby admonished for the offences mentioned in the challan.
Challan be consigned to record room.
Copy of this order be given dasti to the applicant/accused. Copy of this order be also sent to TI, VVC for taking appropriate action regarding the scrapping of the vehicle.
7. Vehicle involved in the present matter is a two wheeler. Impugned order itself shows that appellant was not represented by legal expert before the Ld. Trial Court when the impugned order was passed. Vehicle involved in the present case is not a commercial vehicle. Aforesaid order of NGT or Hon'ble Apex Court speaks about impounding of old vehicles. SOP is silent on aspect if the owner of the vehicle is intended to take out of his vehicle for future purpose outside the Delhi/NCR. This Court is of opinion that appellant's type owner should be given an opportunity to send out his vehicle beyond the area of Delhi/NCR because in the aforesaid order of NGT and Apex Court the area of concern is only Delhi /NCR.
8. Hence, this appeal is allowed. Impugned order is set-aside to the extent that aforesaid two wheeler shall be released to the appellant. Appellant shall remove this vehicle from the area of Delhi / NCR immediately. If, after seven days of the release of the vehicle same is found in the area of Delhi/NCR then concerned Government Authority shall be liberty to seize aforesaid vehicle and get it scrapped.
This appeal is accordingly disposed off.
CA No.73/22Mohd. Akil Vs. State Page no. 5 of 6 Copy of this order and judgment be sent to Trial Court.
File be consigned to record room.
Digitally signed ANIL by ANIL KUMAR
Announced in open Court on KUMAR Date: 2022.06.04
16:31:13 +0530
01.06.2022
(Anil Kumar)
Addl. Sessions Judge-03(South)
Saket Courts / New Delhi
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