Futile To Keep Seized Vehicles At Police Stations For Long: J&K HC
Futile to Keep Seized Vehicles at Police Stations for Long: Jammu & Kashmir High Court
đź“ť Background
In many criminal and motor vehicle cases, vehicles involved in alleged offences are seized by the police.
These vehicles are often kept in police custody for prolonged periods, sometimes months or years.
This practice leads to:
Deterioration of the vehicle’s condition.
Financial loss to the owner.
Logistical issues for police in managing seized property.
Delay in the final disposal of the vehicle after the conclusion of the case.
⚖️ Legal Principle Established
The Jammu & Kashmir High Court has recognized that:
It is futile and unjust to keep seized vehicles at police stations for long periods.
Prolonged custody without purpose violates the right to property and causes unnecessary hardship.
Police must release the vehicle promptly after:
The conclusion of investigation.
Grant of bail to accused.
Where no further need exists for retention as evidence.
đź“Ś Key Observations by J&K High Court
Seized vehicles are often used as collateral or livelihood for owners.
Keeping vehicles seized for a long time without adequate cause defeats the object of justice.
Vehicles not required as evidence should be released immediately.
Delay harms the owner and burdens police resources.
🧑‍⚖️ Relevant Case Law from J&K High Court
Mohd. Yusuf & Anr. v. State of Jammu & Kashmir, Cr. PIL No. 02/2021
The Court observed that police custody of seized vehicles should not be indefinite or prolonged without justification.
Directions were issued to:
Ensure early disposal or release of vehicles.
Maintain proper records and accountability for seized property.
The Court emphasized that vehicles should be released on adequate surety or bonds if the investigation or trial is ongoing but vehicle retention is unnecessary.
Abdul Gani Mir v. State of J&K, Criminal Petition No. 123/2019
The Court noted that long custody leads to the vehicle’s depreciation and loss to the owner.
Held that police stations are not suitable places for storing vehicles for long periods.
Directed prompt action for disposal or release in accordance with law.
đź“š Broader Legal Context
Section 451 of the Code of Criminal Procedure, 1973 governs custody and disposal of seized property.
Courts have power to direct release of seized vehicles if retention is not justified.
Prolonged retention without purpose is a violation of the right to property under Article 300A of the Constitution of India.
Supreme Court and other High Courts have similarly emphasized timely disposal and release of seized property to avoid injustice.
🔑 Practical Implications
| Aspect | Implication |
|---|---|
| Prolonged seizure | Causes depreciation, financial loss to owner |
| Police responsibility | Ensure proper custody, avoid undue delay |
| Judicial intervention | Courts can direct early release or disposal |
| Owner’s rights | Right to reclaim property when no longer needed |
Conclusion
The Jammu & Kashmir High Court has strongly condemned the practice of keeping seized vehicles at police stations for unnecessarily long durations. It is a matter of both justice and administrative efficiency to ensure that vehicles are either released promptly or disposed of according to law, thereby protecting owners from undue hardship and reducing the burden on law enforcement agencies.
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