VIRENDRA SARAN, J. - (1.) RAHEEM has challenged order dated 17.5.2000 of A.C.J.M., Lucknow refusing to release his three -wheeler of Vikram make registered as U.P. 32T 4345. The vehicle was seized on 29.4.2000 as it was not fitted with a Scrubber and ever since then it is rotting in T.I. lines. There is some interim order in a Public Interest Litigation by means of which such three wheelers, if plied within the urban area of Lucknow, are to be fitted with equipment known as Scrubber. Learned Government Advocate has not been able to show me any provision of law requiring such equipment to be fitted in the three wheelers.
(2.) AT any rate, even if the equipment known as Scrubber is not fitted, the vehicle is not going to be confiscated. The order of the learned Magistrate shows that there is yet another interim order passed in the writ petition by means of which the Magistrates at Lucknow have been directed not to release the vehicles so seized and in view of this, all the applications for release made under Sections 451, 452 or 457 Cr. P.C. are being rejected flooding this Court with revisions, misc. applications and writ petitions. It is to be borne in mind that by getting the purchase financed, most of these three wheelers are operated by individuals of very meagre means to earn their livelihood. If the three wheelers remain out of use for long, the owners would be thrown out of employment and they and their families will starve. Lying uncared for under the open sky, these vehicles, which are the only source of a morsel of food to the owners, would get rusted and become junk. There is no law, atleast none has been shown to me, providing for confiscation or destruction of these vehicles simply for the lack of a Scrubber. Even if some interim order of the Court has not been complied with, compliance can be ensured by other means and not by destruction of the vehicles. In my view, there can be no justification for not releasing the vehicle and the owner of the vehicle can be asked to get his Vikram fitted with a Scrubber if he desires to ply the same within the urban area of Lucknow.
(3.) ACCORDINGLY , this revision is allowed. Order dated 17.5.2000 of the learned A.C.J.M., Lucknow in Criminal Case No. 1030 of 2000 is set aside and it is directed that the vehicle of Vikram make registered as U.P.32T 4345 shall be released in favour of the applicant by the learned Magistrate on the applicant giving an undertaking that in future, the applicant will not ply the vehicle within the urban area of Lucknow without getting it fitted with a Scrubber.;