Arun Handa v. Govt.Of Nct Of Delhi And Ors.

1. This petition has been filed by the petitioner under Article 226 of the Constitution of India for giving direction to the Sarojini Nagar, Police Station for release of his motorcycle carrying Registration No. UA-07-BO-900. The petitioner was victim of an accident while he was coming on his motorcycle on the night of 12th November, 2007. The bus while overtaking the petitioner from the left, squeezed the petitioner between road divider and its body. Although, the petitioner was saved but the motorcycle suffered damages. The petitioner, thereafter, called the police which reached the spot after half an hour. After police came, the petitioner and the bus driver along with the vehicles were taken to the police station. He was not given the copy of FIR on that day and he was told that he would be given the copy of the FIR on the next day. The motorcycle of the petitioner was seized by the police and he was told to get it released from the Court of MM. The petitioner stated in the petition since he was a victim of the accident, the police should not have seized his motorcycle, if seized should have released the motorcycle after carrying out the inspection. The motorcycle of the petitioner was unnecessarily kept in custody for several days.

2. This Court vide order dated 20th November, 2007 directed the police to release the motorcycle of the petitioner on taking an undertaking that he shall produce the same as and when required in the Court and reserve the detailed reasons.

3. The State counsel submitted that the High Court cannot entertain such application and it was in the jurisdiction of the Court of MM to release or not to release the motorcycle.

4. It is normally seen that police in India is not considered as friend of citizens. The reasons are obvious. The police does not act with a consideration even for victims. Where a victim of accident reports to the police about being hit by a bus and shows damage done to his motorcycle to the police, the police should get the motorcycle or the other damaged vehicle immediately inspected and photographed for the damages, and should suo-moto release the motorcycle on a surety bond of producing the Motorcycle before the Court. There has to be a different treatment to be given to the accused and victim. A victim cannot be treated in the category as of accused.

5. A person who causes accident and is accused of offences under Sections 279/337/338 or 304-A IPC has to be released on bail by the police as these offences are bailable offences. There is no reason why the police cannot in the similar manner release the vehicle of the victim on the victim's executing a surety bond that he will produce the motorcycle in the Court as and when required and police can give directions that he should execute the similar bond before the Court when challan is filed. I consider that in all such cases the police should release the vehicle of the victim on victim's executing a surety bond that he shall produce the vehicle in the Court as and when required and shall not dispose of the vehicle till the case is over.

6. With these directions to the police, this petition stands disposed of.