General Insurance Council and Others vs State of Andhra Pradesh and Others [SUPREME COURT OF INDIA, 19 Apr 2010]
Criminal - Practice & Procedure - Insurance
Code of Criminal Procedure, 1973, ss. 451 and 457 - Insurance Act, 1938 - Motor Vehicles Act, 1988, s. 158(6) - Disposal of seized property by police officer pending trial - Procedure by police upon seizure of property - Petitioner No.1, General Insurance Council filed petition u/art. 32 of the Constitution - It was submitted that despite the directions passed by SC in Sunderbhai Ambalal Desai, 2002 INDLAW SC 1453 and General Insurance Council and Others v. State of Andhra Pradesh and Others 2007 INDLAW SC 726 with regard to the seized vehicles involved in commission of various offences or abandoned vehicles or vehicles which are recovered during investigation of complaint of thefts, the police, investigating agency and the prosecuting agency are not taking appropriate and adequate steps for compliance of directions issued - Held, State Governments/ Union Territories/Director Generals of Police directed to ensure macro implementation of the statutory provisions and directions issued - Further directions also issued that (A) Insurer may be permitted to file a separate application for release of the recovered vehicle and necessary photographs may be taken and detailed panchnama may be prepared before such release (B) Photographs so taken may be used as secondary evidence during trial (C) Insurer would submit an undertaking/guarantee to remit the proceeds from the sale/auction of the vehicle conducted by the Insurance Company in the event that the Magistrate finally adjudicates that the rightful ownership of the vehicle does not vest with the insurer - Further, information with regard to all insured vehicles in the country available with the Insurance Information Bureau is required to be utilised and followed scrupulously and has to be given positively as and when asked for by the Insurer - Writ petition disposed of.
