Probe use of seized vehicle in police raid: Allahabad HC to Uttar Pradesh DGP

Reckless handling of the seized vehicle by Ramghat police officials in Bulandshahr exposed severe administrative lapses, observes court

The Allahabad high court directed the Uttar Pradesh director general of police (DGP) to conduct a discreet and independent inquiry into how a four wheeler, seized by police in an excise case, was quietly taken out of a police station for a raid and later met with a fatal crash that killed a woman.

The high court said the incident was not a routine procedural lapse but involved “unauthorised removal and use of a seized vehicle, breach of entrusted custody and conduct. (For Representation)

The court directed the state police chief to complete the probe within eight weeks and submit a compliance report. The court also took sharp exception to the police department letting off the errant personnel with mere “censure entries” in their service records.

While dismissing a petition filed by the car owner Rahul alias Dharam Dev against the confiscation of his vehicle, Justice Anil Kumar-X noted that while the confiscation order itself suffered from no legal flaw, the reckless handling of the seized vehicle by Ramghat police officials in Bulandshahr exposed severe administrative lapses.

“The award of a mere censure entry, without any apparent consideration of the gravity of the alleged misconduct, the consequences of the unauthorised use of the vehicle and the possibility of criminal liability, prima facie appears wholly inadequate,” Justice Anil Kumar-X observed in his order.

The vehicle was seized on April 16, 2021, by Ramghat police after 19 cartons of illicit liquor were allegedly recovered from it. While confiscation proceedings were pending before the Bulandshahr district magistrate, the vehicle was taken out of the police station on June 4, 2021.

The state counsel admitted before the court that head Moharir Sita Ram, in collusion with two constables—Pankaj Rana and Narendra Singh—handed over the seized vehicle for a raid to catch a wanted accused. This was allegedly done without the knowledge of the then SHO Birendra Singh.

On June 7, 2021, the vehicle met with a crash in Mathura’s Raya area, critically injuring parents of one Manoj Kumar whose mother later died. Mathura police then registered an FIR under Sections 279, 338, and 304-A of the IPC and seized the vehicle again.

When the high court questioned the state over action taken against the cops, it emerged that the then Bulandshahr SSP had closed departmental proceedings by awarding only censure entries to the head Moharir and two constables.

The high court said the incident was not a routine procedural lapse but involved “unauthorised removal and use of a seized vehicle, breach of entrusted custody and conduct resulting in the vehicle being involved in a fatal accident”.

The bench asked the DGP to examine if the cops’ conduct attracts criminal charges such as theft, criminal misappropriation or criminal breach of trust. The probe will also look into the supervisory lapses of the then SHO and the then Bulandshahr SSP.

“If seized vehicles are permitted to be removed from police custody and used without lawful authority, and the consequences are thereafter dealt with merely by imposing nominal departmental punishments, it would seriously undermine public confidence in the administration of criminal justice,” the court observed in its September 22 order.