Motor vehicle
Amrit Dubey
(Querist) 21 May 2014
This query is : Resolved
Dear Sirs,
I have parked my bike infront of my office in Delhi. It was parked in the parking zone. The Handle lock of my bike was not locked and hence, police took my bike from that area as to ensure that the same shall not get theft. But subsequently the police is denieying to give me the possession of my bike on the grounds that the same is not in my name.
Exactly this bike I have purchased on the name of one my friend to get finance easily. now my that friend who is the original owner of the bike resides inn Canada. and also I am not inn regulalar contact with him. But there is no any case of criminal nature on this bike.
Plz suggest acordingly.
Lawyer SALEEMA KABEER
(Expert) 21 May 2014
The act of police is not recognised under any provisions of law. If they really want to make seizure of any property, certainly, they have to follow the legal procedures such as preparing mahazar, seizure report etc.
(The police even can not take away the vehicle parked in non parking area without preparing any seizure report).
It seems from your query that no such procedures were adopted. If any procedure is adopted, it has to be brought to the notice of the person who is having possession over the property.(Here in this case you are the person who is having possession as you said).
Therefore, it will be construed that the bike is under the illegal custody of police. However, in order to defend their illegal act, they may say that the bike is abandoned one.
To overcome the said things, you may send written requisition by narrating all the facts which you have stated in the query, to the higher official of police with a prayer to return back the bike to you as you are having right of possession.
It is settled principle of law that no vehicle should be kept in the police station in an idle manner since it may loose its value and so the vehicle should be handed over to the person who is having right of possession.
For example, in certain cases, though financier/bank is the R.C. owner, the right of possession is with some body else.
Dr J C Vashista
(Expert) 22 May 2014
I agree with Saleema Kabeer ji to a great extend i.e., legal aspect. However, I would like to add to avoid unnecessary harassment and tension get the matter sorted out with police since it may take lot of time, efforts and money to get the bike release through the process of Court, that too, by the registered owner.
Rajendra K Goyal
(Expert) 22 May 2014
Before going to the legal avenue try to sort out the matter with the police. Agree with the experts.
T. Kalaiselvan, Advocate
(Expert) 22 May 2014
the suggestions made by Dr. Vashsita Sir and expert Mr. Rajendra K Goyal seems to be practical. Expert Ms. Saleema Kabeer's opinions are appreciable but since is purely a legal paint, why dont the author try some amicable solutions instead of beating round the bush.
