Driving licence seized by Traffic police
3 years ago
Sir I was driving car 80 kms away from my residence. I was stopped by a on duty Traffic police officer (S.I ) as I was not wearing seat belt. I was ready to pay the fines at the moment but hey refused to collect the fine on the spot and told me to visit the nearest police station or the Police line's motor vehicle department with the compound receipt and Bank's acknowledgement of successful payment. I requested him that I will not be available from tomorrow as I presently stay in Bengaluru for my studies but he didn't accept my request. As I had my flight next morning I didn't paid the offline challan and left my DL there. Last week I returned from Bangalore and visited the police station for my seized DL but they informed me that my DL was forwarded to nearest court and I can only get my DL from the court. Even I have lost the compound slip/ seizure list slip . The police station gave me a case number 285/2020 . Now I want to know what is the procedure to get my DL back in non prosecution case. What happens if I will not collect my DL from court and apply for duplicate DL from RTO against loss of original DL . Please suggest me the suitable opinion.
Keeping seized vehicle in open air may harm it; petition for custody of vehicle under Section 457 CrPC allowed
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Madhya Pradesh High Court: A Single Judge Bench comprising of Anjuli Palo, J., addressed matter where petitioner was aggrieved by an impugned order passed by Ist Additional Sessions Judge Itarsi in a criminal revision whereby the application under Section 457 CrPC, 1973 was dismissed.
The petitioner’s vehicle was seized by the police for crime under Sections 4, 6 and 9 of the M.P. Gauvans Vadh Pratishedh Adhiniyam, 2004 and Section 11 of Pashu Koorta Adhiniyam, 1960. This petition was filed under Section 482 of Code praying the release of petitioner’s vehicle by virtue of Section 457 of the Code on grounds that impugned orders seizing petitioner’s vehicle were illegal and arbitrary and the vehicle had been kept in open space which could damage the vehicle. Court relied on the case of Sunderbhai Ambalal Desai v. State of Gujarat, (2002) 10 SCC 290 where it was held that seized vehicle should be released as keeping it in open could cause harm to the vehicle. Therefore, Court set aside the impugned order as a result of which the vehicle’s interim custody was given to petitioner on furnishing of a personal bond. [Mohd. Irfan v. State of M.P.,2018 SCC OnLine MP 457, dated 03-08-2018]
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Sidhaarth
Responded 3 years ago
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
Go to the RTO. Make sure that you take 3 passport-sized photos, copy of the F.I.R and the affidavit with you.
Go to the enquiry counter at the RTO and collect the application form for a duplicate license.
Complete the application form and submit it at the Driving License Branch along with the other documents.
After this, you will have to go through the Biometrics section. Here, your photo will be clicked and thumbprint will be taken.
Your duplicate driving licence will be delivered within the time period stated by the Asst. RTO officer.
if you liked my answer please give me a good rating.
Go to the RTO. Make sure that you take 3 passport-sized photos, copy of the F.I.R and the affidavit with you.
Go to the enquiry counter at the RTO and collect the application form for a duplicate license.
Complete the application form and submit it at the Driving License Branch along with the other documents.
After this, you will have to go through the Biometrics section. Here, your photo will be clicked and thumbprint will be taken.
Your duplicate driving licence will be delivered within the time period stated by the Asst. RTO officer.
if you liked my answer please give me a good rating.
Ankur Goel @ Complete Law Shield
Responded 3 years ago
if have criminal mind then why studying ?