MUMBAI: Bombay high court on Friday directed BKC police station in Mumbai to file an affidavit within a week and inform whether it seized a two wheeler owned by a slum dweller without filing a first information report (FIR) and without issuing a panchanama during the Covid-19 lockdown, as alleged by him.
Under the Epidemic Act, police can invoke section 188 of the Indian Penal Code, a bailable offence that attracts a month’s simple imprisonment in jail, for any violations of restrictions. One restriction is to not roam around between 8 pm and 7 am without reasonable cause.
Vinod Shahu and another person had approached the HC with an urgent plea for release of the motorcycle. Shahu’s counsel Vivek Shukla said it was seized by the BKC Station without any FIR and without giving him any seizure panchanama or any possession receipt.
“The Petitioner is a slum-dweller and this motorbike was the only transport available to visit Sion municipal hospital for medical check up,’’ the order records from the submissions.
Though served, no lawyer appeared for the police.
A bench of Justices R D Dhanuka and Abhay Ahuja directed the police to “ also indicate in the Affidavit as to why the motor-bike…was seized and when the vehicle could be released and if it can be released, on what terms and conditions.’’