Clarification on the laws relating to seizing of vehicle by police

954 votes

File execution petition before the Learned Trail Court. Along with the execution petition also file list of movable and Immovable property of the accused. The court will issues the the warrant of attachment of that property of the accused.

Advocate S N Shukla LawRato

983 votes

The vehicle has been seized because of lack of documents. As far as the police are concerned, in absence of registration certificate etc, the e vehicle might as well be stolen. Hence they will first conduct a background check for that number plate.

You should gather all the documents and present them to the police, thereby proving the ownership of the vehicle. As for any document that you don't have or haven't renewed etc including for not wearing a helmet, you should pay the fine as required by law. They would most likely seize the licence of the driver as well (till the payment of the fine).

This much, in my opinion, will be sufficient to get the vehicle back to its owner.

Advocate Nikhil Sabharwal LawRato

563 votes

Traffic Police do have the rights to stop you and inspect following documents,
RC Card - Original
PUC - Original
Driving License - Original
Insurance - Original Or Attested Photocopy

If you don't have valid PUC or Insurance papers while riding/driving Traffic Police have the rights to fine you on spot (Fine amount varies from state to state)

As per the rules Traffic Police do not have the rights to fine you on spot if you do not posses Driving License & RC Card - One has the right to ask for Challan & appear in court with original License & RC Card after which judge will decide your penalty amount. However if you fail to produce the same it will be considered an offense and judge can penalize you with Challan amount as well as additional fine / jail time (Rarely happens)

Sadly Traffic Police are never interested in giving challan because its more paperWORK for them so either they will try to settle for bribe or let you walk free.

Places like Mumbai where now target system is applied Traffic Police will write a ticket for smaller offense and let you go, for eg. Driving without PUC is fined at Rs.1250 however if you insist on Challan stating you have the PUC but right at that moment then instead of challan they will try to make you pay spot fine of Rs. 100 & give you ticket for stopping on zebra line during Signal Red Light.

For Delhi you can check their website for challan amount
https://delhitrafficpolice.nic.in/public-interface/traffic-offence/

Advocate Vinay Vats LawRato