Court Orders Release of Vehicle, Directs Departmental Enquiry Against Senior Motor Vehicle Inspector
In a significant ruling, the Karnataka High Court has quashed the FIR against H1 Car Care concerning the improper seizure of a Lamborghini Huracan. The court found that the vehicle's seizure by the Senior Motor Vehicle Inspector was conducted without adhering to the statutory procedures mandated by law. Justice M. Nagaprasanna, presiding over the case, emphasized that the seizure was unsustainable as it was not preceded by a proper notice or determination of any alleged tax evasion.
The petitioner, H1 Car Care, had purchased the vehicle from Hoysala Automotive Private Limited and duly registered it in Karnataka. However, the vehicle was seized without prior notice by the Senior Motor Vehicle Inspector, who also registered a zero FIR alleging forgery and tax evasion. The court noted that the inspector's actions were in violation of due process, highlighting that the seizure should only occur after a formal determination of tax evasion and proper notice to the vehicle owner.
The court also addressed the misconduct of the authorities involved. It directed a departmental enquiry against the Senior Motor Vehicle Inspector for acting beyond his statutory authority and ordered that officials involved in manipulating records at the Regional Transport Office be held accountable.
Justice Nagaprasanna emphasized that while the FIR was quashed, the State retained the right to proceed afresh in accordance with the law if evidence of tax evasion by the petitioner is found. The court ordered the immediate release of the vehicle to the petitioner and mandated a report on the departmental enquiry and actions against the Regional Transport Office officials within two months.
Bottom Line:
Improper seizure of property without adherence to statutory procedures is unsustainable in law.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 497, 503; Karnataka Motor Vehicles Taxation Act, 1957 Sections 5, 8A, 11A
H1 Car Care v. State of Karnataka, (Karnataka) : Law Finder Doc id # 2876681
