In order to prevent inflow of numerous persons in court seeking the release of their confiscated vehicles, the trial court in Delhi has directed the Delhi Police to use their power under section 102(3) of the Criminal Procedure Code in a more liberal manner.
The Magistrate at Tis Hazari Court has asked the police to be more liberal in releasing the vehicles confiscated for lockdown violations in order to prevent people from coming to court for seeking the said release.
The said decision has been taken to prevent the overcrowding of courts during the COVID19 pandemic.
In order to prevent more and more people from coming to courts for seeking the release of their vehicles, the court directed that the police can release the said vehicles, if not required for the investigation, after taking photographs and making a detailed panchnama (memo).
The said photographs and the panchnama (memo) may serve the purpose of evidentiary element in the form of secondary evidence.
The court said
'The infection which is spreading very fast require innovation and creativity. Law is made for service of humanity and we can serve humanity by interpreting the law keeping in view the threat which is looming large on humanity due to COVID19.'
In light of this observation, and in order to prevent further spreading of the coronavirus, the court has directed all the DCPs to brief all the police officials to invoke provision under section 102(3) of the Criminal Procedure Code so that gathering in court could be avoided.
The court further observed that:
'Eventually humanity will win and the virus will be defeated by invoking all provisions of the law keeping in view that all the laws are made for the service of humanity. DCPs are reminded that all the institutions including the executive and judiciary are for the service of humanity.'
Therefore, a copy of this order will be provided to all the DCPs of the West District to issue appropriate instructions to police officers to be liberal in releasing not just vehicles seized for lockdown violation, but other vehicles also if the specific law in that area permits the same.