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august 1983

Supreme Court of India · 1983-08-26

TRANSPORT COMMISSIONER, ANDHRA PRADESH vs SARDAR ALI, BUS OWNER

Citation / case number
SC 1983/66053
Court
Supreme Court of India
Petitioner
TRANSPORT COMMISSIONER, ANDHRA PRADESH
Respondent
SARDAR ALI, BUS OWNER
Author
O. CHINNAPPA REDDY
Bench
O. CHINNAPPA REDDY

Judgment text excerpt

The Andhra Pradesh High Court struck down Section 129-A of the Motor Vehicles Act as an unreasonable restriction on the fundamental right under Article 19(1)(g) of the Constitution, citing the lack of discernible purpose and subjective nature of police authority in vehicle seizure. However, the Supreme Court upheld the validity of Section 129-A, clarifying that it must be read in conjunction with the Code of Criminal Procedure, which provides a framework for the custody and disposal of seized vehicles. The Court emphasized that the seizure serves multiple purposes, including preventing re-offending and ensuring material evidence for prosecution, and that the detention is temporary pending appropriate orders for disposal.

TRANSPORT COMMISSIONER, ANDHRA PRADESH vs SARDAR ALI, BUS OWNER · Niyam