• Loaded cargo movement in a accidental truck

Truck has met with a head on collision with Scorpio near Mathura UP. Police has taken a stand not allow the loaded cargo to cross in another vehicle to move further. Seems deliberate activity.
What is rule in about loaded cargo movement in case of accident of a truck. Is there any particular judgement about those?
Asked 4 years ago in Civil Law

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16 Answers

Dear Sir,

Police must seize the truck and property therein and report to the jurisdictional Magistrate. You just ask your advocate to file application under following section of Cr.P.C.

Section 451 in The Code Of Criminal Procedure, 1973

451. Order for custody and disposal of property pending trial in certain cases. When any property is produced before any Criminal Court during any inquiry or trial, the Court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the inquiry or trial, and, if the property is subject to speedy and natural decay, or if it is otherwise expedient so to do, the Court may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of. Explanation.- For the purposes of this section," property" includes-

(a) property of any kind or document which is produced before the Court or which is in its custody,

(b) any property regarding which an offence appears to have been committed or which appears to have been used for the commission of any offence.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

You should immediately make application before the magistrate and request him to direct police to release your vehicle.

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Dear client

If the truck is not overloaded than you can very easily pricure the order for release of goods from the competent authority.

Adv vikas

Vikas Khatri
Advocate, Delhi
179 Answers

Not rated

Hi, police impound vehicle during accident ..you can get the vehicle and cargo released on superdari

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

IF the truck is taken in custody by the police the cargo is also in there custody an application has to be filed before the magistrate for the release of the vehicle and cargo under section 452 Crpc. The cargo will be released.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Please go through the judgment of Delhi High Court (Manjit Singh V/s State decided on 10th Sep.2014) accordingly when a vehicle loaded or unloaded met with an accident it has to be seized as it is and released as it is so it is not deliberate.Move an application before the court concern to release the vehicle on the ground of deterioration of goods.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

1. If any accident has happened then the police has power to seize the offending vehicle and keep it in the precincts of the police station.

2. Now the owner of the vehicle can seek return of the vehicle from court by furnishing the personal bond which the court in most circumstances allows.

3. To get the vehicle no judgement is required. The court om being satisfied with your ownership of the vehicle will return you the same on furnishing Bind and undertaking to produce this whenever it is required for the purpose of investigation or trial.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Yes, the cargo is to be off loaded at once for which the procedure is the same as release of vehicle mentioned above.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

You are entitled to release of your cargo for further transhipment

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Sir if the goods doesn't fall in perishable category same can be seized once seized you need order of the court to get them released. File a 451 Crpc application for release of truck and cargo. the third party can alonw prefer an application for cargo.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

That also said through competent court so please file application before the competent JM for the purpose.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

You can file writ petition in high court if police refused to release material.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Hello,

File a writ in the HC of Allahabad and seek order for the polcie to release the material that is there in the cargo.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Hello,

Also you may move an application under 451 which reads as follow:

Section 451 in The Code Of Criminal Procedure, 1973

451. Order for custody and disposal of property pending trial in certain cases. When any property is produced before any Criminal Court during any inquiry or trial, the Court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the inquiry or trial, and, if the property is subject to speedy and natural decay, or if it is otherwise expedient so to do, the Court may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of. Explanation.- For the purposes of this section," property" includes-

(a) property of any kind or document which is produced before the Court or which is in its custody,

(b) any property regarding which an offence appears to have been committed or which appears to have been used for the commission of any offence.

if the magistrate does not allow the application then again you may approach the HC against the said order.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

No court shall release a motor vehicle involved in an accident resulting in death or bodily injury or damage to property, when such vehicle is against third party risks unless and until the registered owner furnishes sufficient security to the satisfaction of the court to pay compensation.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

seizer of vehicle in case of accident is understood, but what about the material loaded in truck as the nature of cargo is courier and same has no role in accident. Someone told that there is one judgement of supreme Court that in case vehicle met with accident, vehicle should be seized not the cargo, cargo should be allowed to tranship further in another vehicle. Can you our pls clarify me on it.

Except where the property is livestock or is subject to speedy and natural decay, or where a bond has been executed in pursuance of subsection (2), an order made under sub- section (1) shall not be carried out for two months, or when an appeal is presented, until such appeal has been disposed of.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

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