‘Can a car in police custody for 6 years violate traffic rules?’

Car’s condition after release in 2024

How can a car that was otherwise not in working condition and in police custody for over six years violate traffic rules?" asks Shanti Chheda, who recently received a notice from the District Legal Services Authority, Thane. Chedda, 57, a businessman, said he received a notice (copy with this paper) directing him to be present for a hearing at Lok Adalat, Thane, for two traffic violation cases. According to the notice issued on February 27, 2025, Chedda has been directed to be present before the Lok Adalat on March 22, 2025.

Interestingly, Chheda claims that he is amused to get the notice, as the traffic violation stated in the challan is untrue, as his vehicle was not in a working condition, as per the challan date. Chheda said he received two e-challans of Rs 2000 (Rs 1,500 and Rs 500) for violation of traffic rules for his car, which was not in working condition since 2018, and was released after a court order on July 31, 2024.

Car's condition before release

Chheda, a resident of Ghatkopar, had bought the car in 2014 under his company's name - Shree Mahavir Patwa Developers and Construction (Pvt) Ltd. On January 4, 2018, he was arrested in a case by the Economic Offences Wing (EOW), Thane (Rural), and his car was seized by the police. "The vehicle was in police custody from January 2018 till July 31, 2024, and it was completely damaged. It was not in working condition when I got the vehicle back," said Chedda.

Advocate Dinesh Tiwari, representing Chheda, said, "It is surprising that a challan for traffic violation gets issued twice - the first traffic violation case was registered at Vithalwadi on February 6, 2023, when EOW had possession of the car. It was kept at the Bhiwandi Taluka police custody, and the second offence was registered at Naupada, Thane, on August 9, 2024, when the said Toyota vehicle was in a garage in Thane for repairs.

Shanti Chheda

Surprisingly, both times, the vehicle was not in working condition, as it was lying unused for over six years (seized in January 2018), and it had to be towed from the Bhiwandi Taluka police station to the garage once the Additional Sessions Court, Bhiwandi, released the vehicle as per the order dated July 31, 2024."

When asked about the probable causes, he said, "We will soon be writing to the traffic departments concerned in Thane and will also submit our written statement before the Lokayukta, Thane, on the date of hearing. It seems our vehicle number plate has been misused by someone, and whatever the reason may be, a thorough investigation is a must."

Police Speak

DCP (Traffic) Pankaj Navnath Shirsath, "We will have to inquire into the particular case. The party concerned can put his side before the Lok Adalat. If I get the copy of the e-challan, I can forward the same to our e-challan section and will do the needful to rectify the same. And if we come across similar number

"I will have to investigate the facts. If you look into the e-challan copy or Lok Adalat notice, you can share it with me, and I will look into the same," said Inspector Vilas Kadam (EOW, Thane Rural). (as per the request, the e-challan and Lok Adalat notice received by Chheda were sent to the police) plate vehicles, we will take appropriate action. There have been instances of forged number plates being used."

Impact

As promised, DCP Shirsath checked records and reverted back to Mid-day, he said "We have found that one of the challan, was wrongly named to Chheda, due technical error. It was a truck, which had violated the traffic rule and due to similarity in two alphabets (middle) which was similar to Chheda's vehicle registration number, erroneously the challan was issued in the name of Chheda, we have rectified this error. And the second challan, was wrongful and dangerously parked on the side of a road, and the location is close to a garage in Thane, for which Chheda has been fined."

Advocate Dinesh Tiwari, said, "We will submit our written statement in the Lok Adalat, Thane on March 22, and even the traffic police will have to make their submission. We will decide our next course of response, accordingly."