Kamran Siddiqui v. N.C.T of Delhi

1. By this petition, the petitioner seeks issuance of a proper direction against the respondents, directing them to release the vehicle ofthe petitioner bearing no. DL-3CBL- 2798.

2. Counsel for the Petitioner submits that on 12.01.2013, the petitioner alongwith two others were booked under section 40 (a) Delhi Excise Act, 2009. Counsel fiirther submits that in pursuance thereof, the applicant herein was produced before the Court on 15.01.2013, the applicant pleaded guilty and the Ld. M.M. Saket Court was pleased to iinpose a fine of Rs. 2500/- on each of the accused and released them with a warning. Counsel fijrther submits that the Ld. M.M., Saket Court was silent on the factum of release of the vehicle in 2013:DHC:7550 question and therefore, on this pretext, the Ld. M.M. and the concerned S.H.O directed the applicant to approach the Commissioner, Excise for necessary direction.

3. Counsel further states that, on 16.01.2013, petitioner moved an application before the Commissioner, Excise ENTT and Luxury Tax and the said application was disposed of vide order dated 21.01.2013, with an observation, that this department has no role to play in release of the said vehicle as per section 40 (a) of the said Act. Counsel further states that the petitioner has again moved an application for release of the vehicle before the Id. M.M. Saket which is pending disposal.

4. 1 have heard the Counsel for the parties and perused the documents placed before me.

5. The vehicle in question was seized vide D.D. No. 28 A dated 12.01.2013 under section 40 (a) Delhi Excise Act, 2009, by PS Kalka Ji, New Delhi. Indisputably the:fr petitioner was fmed with an amount of Rs. 2500/- and was released with a warning vide order dated 15.01.2013, but the said order was silent in terms of the release of the aforesaid vehicle bearing No. DL-3CBL-2798.

6. As per their own case, petitioner has again approached the lower court by way of an application seeking the release of the vehicle bearing no DL-3CBL- 2798, which is pending disposal before the Id. M.M., Saket Court. Considering this fact, it would be appropriate that the Id. M.M. JEirst decides the said application.

7. In light of the above, the Id. M.M., Saket Court is hereby directed to pass necessary orders in the application preferred by the petitioner before the said Court for the release of their vehicle and dispose ofthe same at the earliest.

8. With the said direction, the petition stands disposed of Dasti.

KAILASH GAMBHIR, J FEBRUARY 01, 2013