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Judgment
CM No. 5707/2019
We have heard Mr. Shuja-ul-Haq, learned counsel for the applicant and Mr B. A. Dar, Sr. AAG for the respondents.
The applicant prays for directions for release of vehicle (Tipper) bearing registration No. JK02AE-6603 seized by Police Station Negeen, Srinagar. The vehicle was seized on the ground that it was carrying building material in the prohibited area in violation of the orders of this Court in OWP (PIL) no. 159/2002 dated 19.07.2002, stating that, the authorities shall restrain the movement of such building construction material in the lake or near about the lake. Construction of buildings was also prohibited within 200 meters from the centre of the foreshore road and it was further directed that wherever the road has been constructed, no erection of buildings shall be allowed.
It is the contention of the applicant that he is the driver of the above said vehicle, which was seized by Police Station, Nigeen, Srinagar, on 20.09.2019, as the vehicle was allegedly carrying building material in violation of the Court orders. The applicant claims to be the owner of the vehicle and has stated that the alleged violation is neither intentional nor deliberate. It is also stated that the vehicle of the applicant has been never involved in any illegal activity and his sole income is derived only from the said vehicle and unless the vehicle is released, his rights will be seriously prejudiced. The learned counsel appearing for the applicant further submitted that the said vehicle is involved for the first time in transporting the building construction material in violation of the Court orders and an FIR has also been registered in Police Station Nigeen, Srinagar, and the same is being investigated.
Mr B. A. Dar, Sr. AAG submitted that in spite of the prohibitory orders issued by this Court, the vehicles are being used to transport the building construction material and unless a strict view is taken by this Court, the construction activities will go on and the orders of this Court cannot be implemented by the authorities effectively.
Considering the earlier prohibitory orders passed by this Court on 19.07.2002, the plea made by learned counsel for the applicant as well as the submissions made by the learned AAG, we are of the view that this application can be disposed of by directing the release of the above said vehicle along with documents on the following conditions: -
a. That the applicant shall deposit a sum of Rs. 50,000/- (Rs. Fifty Thousand) with an undertaking to the satisfaction of Registrar Judicial of this Court, that the applicant's vehicle is involved for the first time in carrying the building construction material in violation of the prohibitory orders of this Court and that he will not use his vehicle to carry any building construction material in violation of the Court order in future, and that the vehicle to be released is not involved in any criminal proceedings before any Court. It is made clear that in case the above-said vehicle is involved in carrying building construction material second time, the vehicle shall be confiscated and shall not be released.
b. That the seized material shall remain in the custody of the Police concerned subject to further orders to be passed by the competent criminal Court.
c. That if the vehicle once released by this order is found again violating the prohibitory orders of this Court, the same shall not be released till finalization of the criminal proceedings by the competent Court.
d. The affidavit to be filed by the owner of the vehicle, stating that the subject vehicle is involved for the first time in carrying the building construction material in violation of the prohibitory orders, shall be verified by the concerned police authority before releasing the vehicle.
e. This order will not stand in the way of any investigation or the proceedings pending in criminal Courts and the same shall be decided in accordance with law.
The application is disposed of on the above terms.
CM No. 5874/2019 filed on behalf of the applicant for early listing on 5 th October, 2019 has accordingly rendered infructuous. As such, the said application is disposed of.