Varun Jain v. Ministry Of Home Affairs & ORS

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 953/2020, CRL.M.A. 8005/2020 & CRL.M.A. 8006/2020 VARUN JAIN ..... Petitioner Through:

Dr. M.K. Gahlaut, Advocate.

versus MINISTRY OF HOME AFFAIRS & ORS ..... Respondents Through:

Mr. Ranbir Singh Kundu, ASC for State.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 22.06.2020

1. The hearing was conducted through video conferencing.

2. The petitioner‟s two-wheeler vehicle i.e. scooty bearing no. DL-1 SA D1087 was seized on 30.03.2020 in the midst of the nationwide lockdown, while he was going to feed birds at Roshanara Park, Delhi. In spite of the petitioner‟s best efforts to have the said vehicle retrieved, he has been unsuccessful.

3. Mr. Kundu, the learned ASC for the State, submits that the petitioner has not gone to the Police Station: Gulabi Bagh to receive the said vehicle. However, the learned counsel for the petitioner, refutes the said statement. He submits that despite the petitioner‟s earlier efforts, the Malkhana in-charge and other officers have not co-operated.

4. Be that as it may, let the vehicle be released to the petitioner by tomorrow i.e. 23.06.2020. The petitioner shall take photographs of

the condition in which the vehicle is released to him and shall endorse the same on the relevant „handing over‟ document.

5. The petitioner will be free to pursue his remedies apropos damages, etc., as may be, before the appropriate forum.

6. The writ petition, alongwith pending applications, is disposed-off in terms of the above.

7. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the counsels through e-mail. NAJMI WAZIRI, J JUNE 22, 2020/AB