DC cannot order confiscation of commercial vehicles – Jharkhand High Court

Ranchi:  Jharkhand High Court, in one of its recent decisions, said that the DC (Deputy Commissioner-cum-District Magistrate) of the district is not a competent authority to order the confiscation of any commercial vehicle.

In fact, on the orders of Latehar DC, the police had seized a vehicle laden with coal last year. After which a criminal case was registered against the vehicle owner under sections 379 (theft), 414 (assisting in concealing stolen property) and 411 (receiving stolen property) of the Indian Penal Code (IPC).

Police had said in their FIR that the vehicle was involved in illegal activity.

After the FIR was registered, the case reached Jharkhand High Court via Latehar Civil Court.

In the High Court, the owner of the vehicle challenged the DC’s order in which he had ordered the seizure of the vehicle.

High Court judge Justice Rajesh Kumar, who is hearing the case, said in his decision that the Deputy Commissioner-cum-District Magistrate is not the competent authority to pass the confiscation order.

Therefore, the order passed by the DC of Latehar district, in which the vehicle of Raja Ram Mandal was seized, is cancelled.

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