Sunil Kumar v. The State Of NCT Of Delhi & ORS.

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 177/2025 SUNIL KUMAR .....Petitioner Through:

Mr. Ramvijay Kumar, Advocate.

versus THE STATE OF NCT OF DELHI & ORS.

.....Respondents Through:

Mr. Amol Sinha, ASC with Mr.

Kshitiz Garg, Mr. Ashvini Kumar, Mr.

Rahul Kochar, Ms.

Chavi Lazarus and Ms. Sanskriti Nimbekar, Advocates for the State.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 04.02.2025 1.

The Petitioner, a daily wage driver, has filed the instant petition under Articles 226 and 227 of the Constitution of India read with Section 58 of the Motor Vehicles Act and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, aggrieved by the seizure of his e-rickshaw by the Respondent authorities.

2.

The Petitioner states that he purchased a brand new e-rickshaw on 25th August, 2024. The following day intending to perform a pooja, he took the vehicle to a nearby temple. However, the traffic police seized the e-rickshaw and issued a challan. The Petitioner subsequently obtained an insurance certificate and, on 30th August, 2024, applied for registration with the Transport Authority, depositing the requisite fee of INR 1,234 at the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Transport Department's office. Despite having paid the challan amount along with the penalty before the concerned Magistrate, the Petitioner's vehicle remains impounded at the Burari traffic station, where authorities insist that a registration certificate be produced. Conversely, the Transport Authority requires the physical presence of the vehicle to issue the registration certificate. As a result, the Petitioner finds himself caught in a regulatory bottleneck with no resolution. Additionally, he seeks a waiver of the parking charges demanded by the Respondents. 3.

Counsel for the Respondents, on instructions, states that the vehicle will be registered if the Petitioner visits the Burari traffic station. He further submits that upon the Petitioner completing the required formalities, the registration will be processed, and the vehicle will be released without delay. 4.

In view of the above, the Petitioner is directed to meet the Enforcement Officer at Burari Traffic Station on 10th February, 2025, at 11:00 AM. The Enforcement Officer shall ensure that all necessary formalities for the registration of the Petitioner's e-rickshaw are completed on the same day, subject to compliance with legal requirements. Upon completion of the registration process, the vehicle shall be released to the Petitioner without any undue delay.

5.

As regards the parking charges, since the vehicle was seized due to the lack of a registration certificate, which in turn could not be obtained without the vehicle itself, the Petitioner was placed in a situation beyond his control. Given these peculiar circumstances, the parking charges, if any are waived.

6.

Additionally, at the time of release of the vehicle, there shall be a joint inspection in the presence of Petitioner and any officer deputed by the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Respondent Authorities.

7.

With the above directions, the present petition is disposed of. In case the Petitioner faces any difficulty, Mr. Amol Sinha, ASC, is requested to provide necessary assistance and ensure proper coordination. SANJEEV NARULA, J FEBRUARY 4, 2025 d.negi The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.