- (1.) This petition seeks issuance of a writ in the nature of certiorari quashing order dated 28.02.2018 passed by District Magistrate, Hardoi under Section 25 of the Police Act, 1861.
(2.) Gist of the issue raised by the petitioner is contained in order dated 26.7.2018. The order reads as under : "1. The petition seeks issuance of a writ in the nature of certiorari quashing order dated 28.02.2018 passed by learned District Magistrate, Hardoi under Section 25 of the Police Act, Police Station Shahabad, District Hardoi. 2. We have heard learned counsel for the petitioner and Ms. Nand Prabha Shukla, learned counsel for the State. 3. Application of the petitioner dated 05.10.2017 for releasing the vehicle has been rejected. It has been pleaded that petitioner is owner of vehicle bearing temporary registration No.U.D.S. 016989. The petitioner came to Shahabad riding that vehicle on 15.07.2017 and parked the vehicle on the roadside. When the petitioner came back, the vehicle was not at the place of parking. The petitioner searched for the motor vehicle. The petitioner was informed that vehicle had been taken away by police of Police Station Shahabad, District Hardoi. The petitioner made all attempts to get the vehicle released, the attempts failed. The petitioner filed an application for release of the vehicle dated 05.10.2017 which has been dismissed vide impugned order. 4. It has been declared that the petitioner is a sole owner of the motor vehicle which was purchased by him on 27.03.2017. The relevant documents have been appended with the petition. 5. We have gone though the contents of the impugned order. It appears that District Magistrate, Hardoi has taken into account the fact that the vehicle at issue had not been used in any criminal activity. It has been however recorded that the petitioner does not enjoy a good reputation. The petitioner is involved in Case Crime No.325 of 2017, under Section 272 Indian Penal Code and Section 60(2) of Excise Act. 6. It appears that the District Magistrate, Hardoi has concluded that the petitioner does not enjoy a good reputation and therefore, the vehicle has been taken in custody. The said conclusion has been drawn by the said magistrate because the petitioner happens to be involved in Case Crime No.325 of 2017 . In such circumstances, the order has been passed rejecting the application of the petitioner. 7. We hereby direct District Magistrate, Hardoi to file his affidavit: (a) as to on the basis of what material it has been concluded that the petitioner does not enjoy a good reputation. (b) The District Magistrate is required to file his affidavit as to under what circumstances, without decision in a criminal case, the petitioner has been attributed bad reputation. (c) The District Magistrate is directed to file his affidavit as to in exercise of what powers the vehicle has been taken in custody, although the petitioner is the registered owner of the vehicle. (d) We would also like to know as to in how many other cases, similar orders have been passed by the District Magistrate. Vehicles are taking in custody merely because a person happens to be accused in a crime in which the vehicle is not case property and was not used for committing the crime. (e) The District Magistrate is directed to also indicate as to under which provision of which legislation, the term "bad reputation" has been defined 8. We make it clear that in case we find that the order has been passed without jurisdiction or without any good reason, we propose to compensate the petitioner by virtue of imposing exemplary costs on the respondents. 9. List on 08.08.2018, as fresh. 10. No further time would be given and costs would be imposed, in case affidavit is not filed. 11. In the meantime, we direct District Magistrate, Hardoi to ensure that vehicle of the petitioner is kept in his personal custody so that it is not used and is not damaged."
(3.) The impugned order appears to have been passed under the provisions of Section 25 of the Police Act, 1861 (for short, the Police Act). The provision reads as under : "25. Police- officers to take charge of unclaimed property and be subject to Magistrate's orders as to disposal.-- It shall be the duty of every police officer to take charge of all unclaimed property, and to furnish an inventory thereof, to the Magistrate of the district. The police officers shall be guided as to the disposal of such property by such orders, as they shall receive from the Magistrate of the district.";