Patna High Court Directs Bihar DGP To File Affidavit Indicating Steps Taken For Disposal Of Seized Vehicles From Police Stations

The division bench of Chief Justice Sanjay Karol and Justice S. Kumar, while hearing a PIL filed by advocate Shilpi Keshari, expressed strong displeasure over the non-compliance of the court's order to remove the seized vehicles and other obstructions in all the police stations of Patna.

Court ordered,

"The DGP is directed to remove all obstructions from Gandhi Maidan police station within 24 hours. Along with this, file the affidavit within two weeks."

It has been said in the petition that in all the police stations of Patna, vehicles are seized and kept on the road. This makes difficult for the common people to travel.

The Court asked to give complete information about all the seized vehicles. Along with this, Chief Justice Sanjay Karol asked what action has been taken regarding the vehicles that have been seized so far.

The court also ordered that the vehicle shall not be parked anywhere except in the parking lot near Gandhi Maidan in Patna.

Before the Court, Additional Advocate General Prabhat Kumar Verma, appearing for the State Government, submitted that all the vehicles seized in connection with several offences by the Police Station, Gandhi Maidan have been removed from the public path/road at Gandhi Maidan.

Petitioner Advocate Shilpi Keshari told the court that he has personally visited the site. There is a similar situation in many other police stations including Agamkuan, Kankarbagh, Patrakar Nagar in Patna.

Further, it was submitted that the vehicles seized from Gandhi Maidan police station have been removed, but after a few days the condition will be there again. It needs constant monitoring.

The Director General of Police, Government of Bihar has placed on record details of some of the vehicles in relation to which the issue was taken up with the District Judge, Patna.

The Court observed that such request was not acted upon.

The Court directed the Director General of Police, Government of Bihar to file his personal affidavit indicating- (a) the total number of Police Stations within the Municipal limits of Patna town; (b) the number of motor vehicles, as defined under the provisions of the Motor Vehicles Act, 1988, seized with respect to each one of the Police Stations; (c) the steps taken for disposal thereof; (d) the number of cases which are pending before different Courts; (e) details of the case numbers.

The Court further directed that all the stakeholders must immediately convene a meeting examining how best the provisions of the Act can be implemented in early release/disposal of the motor vehicles, for as has come on record the vehicles which were parked at Gandhi Maidan has become only junk property.

The Court observed that the Additional Director General of Police (Headquarters), Bihar, vide communication dated 11th of March, 2022, has requested the Additional Chief Secretary, Home Department, Government of Bihar for providing 20 acres of land in Patna urban area where the seized vehicles can be parked in safe custody.

The court ordered that the Additional Chief Secretary, Home Department, Government of Bihar take a decision thereupon at the earliest, preferably within a period of four weeks from today.

The court further said in the order that meanwhile, on the other issue, the Director General of Police, Government of Bihar shall file his affidavit within two weeks.

Needless to add, henceforth, no vehicle would be allowed to be parked unauthorizedly and more so the seized vehicles at the place from where such vehicles stand removed.

The matter be listed on 21st April, 2022.

Case Title: Shilpi Keshari Vs State of Bihar & Others

Coram: Chief Justice Sanjay Karol and Justice S Kumar

Click Here To Read/Download Order