Jindal Strips Limited And Others vs S.C.Sinha on 16 January, 2009

    IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
                                                                  COCP No. 979 of 1992.
                                                        Date of decision: January 16, 2009

Jindal Strips Limited and others.
                                                                        .....PETITIONERS
                                      Versus
S.C.Sinha, Dy. Inspector General of Police, Hisar Range, Hisar
Haryana and others.

                                                                      .....RESPONDENTS

CORAM:         HON'BLE MR JUSTICE T.P.S.MANN

PRESENT:       None for the petitioners.

Mr Kartar Singh, Assistant Advocate General, Haryana.

T.P.S.MANN, J. (Oral):

Prayer had been made by the petitioners for holding the respondents guilty

of contempt for willful violation of stay order dated 31.8.1992.

Vide aforementioned order passed by a Division Bench of this Court, the

respondents were restrained from detaining or obstructing the trucks of the petitioners,

coming to or going from their premises, except in accordance with law.

The case of the petitioners is that inspite of the aforementioned order, truck

bearing registration No.HYT-5265 was illegally and unlawfully detained by the

respondents and thus, violated the order dated 31.8.1992 passed by this Court.

In his reply, respondent No.1 has submitted that the truck in question was

challaned and impounded on 18.9.1992 by respondent No.5, vide challan chit Annexure

P-9, when the driver of the said vehicle was found plying the same without any valid

documents. The vehicle in question was, thereafter, parked in the premises of Police

Station, Tosham on 18.9.1992 by the officials of the Transport Department and entry

No.33 was duly made in the Daily Diary Register kept in Police Station, Tosham. The

said vehicle was released to Umed Singh-petitioner on 21.9.1992 by MHC of Police

Station, Tosham as the release orders in respect of the said vehicle were passed by

Regional Transport Authority, Hisar on 21.9.1992, which orders were produced in Police

Station, Tosham, after the owner/driver of the said vehicle compounded the offence with

the Regional Transport Authority, Hisar after depositing the compounding fee of

Rs.1,500/-.

COCP No. 979 of 1992 -2-

In view of the above, it could not be said that the truck bearing registration

No.HYT-5265 was detained by the respondents without following the procedure

prescribed by law.

Resultantly, the petition is dismissed. The rule is discharged.

January 16, 2009                                           (T.P.S.MANN)
Pds.                                                         JUDGE