Sudhir Kumar Paul Tirkey v. The Superintendent Of Police And Another

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/57/2022 Sudhir Kumar Paul Tirkey ... Petitioner Vs.

The Superintendent of Police and Another ... Respondents Mr. Gopala Binnu Kumar ... for the petitioner Mr. Salim Mohammed ... for the respondents March 21, 2022 [GNC] Item No.24 This is an application under Article 226 of the Constitution of India wherein the petitioner is aggrieved by the inaction on the part of the respondents authorities in considering his representation for release of vehicle bearing registration No. AN 01 N 0261 (Bolero Plus Jeep).

The facts of the case are that the registered owner of the vehicle has been convicted under the Protection of Children from Sexual Offences Act, 2012 (POCSO) and presently in jail. By an order dated April 22, 2021, the Special Judge, POCSO Court had rejected the application of the petitioner herein for return of the vehicle on the ground that the petitioner was not the registered owner and directed the seized vehicle may be returned to the registered owner. Subsequently, the registered owner has given a power of attorney to the petitioner herein and based on such power of attorney, the petitioner herein approached the authorities for release of the vehicle.

However, the authorities are not willing to release the vehicle on the ground that the order passed by the Special Judge, POCSO Court, direction was given that the seized vehicle can only be returned to the registered owner Suresh Tirkey. I have heard the arguments of counsel appearing on behalf of the parties and perused the materials on record. In my view, the registered owner is at liberty to give power of attorney to another person to collect the vehicle on his behalf and returning the vehicle to power of attorney holder is as good as returning the vehicle to the registered owner. In light of the same, the authorities concerned are directed to release the vehicle to the power of attorney of holder, i.e., the petitioner herein, within a period of two weeks from date. With above, direction this writ petition is disposed of. ( Shekhar B. Saraf, J. )