Delhi High Court Protects Lawyer After Sold Car Used in Liquor Smuggling
The Delhi High Court in New Delhi has granted interim protection from coercive police action to Shankar Kumar, a practising lawyer, after a car he sold through a pre-owned car platform was used in an illegal excise offence. The court's order came after Kumar received a police notice because the vehicle's ownership had not been transferred to the buyer despite being sold more than two and a half years ago.
Justice Madhu Jain issued notices to the Centre, the Delhi Police, and the used-car dealer platform, directing them to file their responses within four weeks. The court restrained the respondents from taking any coercive action against Kumar in relation to the use of the vehicle until the next scheduled hearing on August 10.
According to the petition, Kumar sold and handed over his car more than two and a half years ago after executing all the necessary documents. The pre-owned car platform had assured him of end-to-end post-sale services, which included transferring the ownership in the registration certificate with the concerned Regional Transport Office.
However, the ownership transfer was never completed despite repeated reminders. Earlier this month, Kumar received a notice from the police regarding a First Information Report involving the vehicle. The car was reportedly found to be involved in the smuggling of liquor, an offence under the excise law.
In his petition, Kumar stated that the inaction of the authorities and the irresponsible conduct of the car dealer had exposed him to serious legal proceedings. He submitted that the undue delay in transferring the ownership resulted in identity theft, criminal breach of trust, unfair trade practices, and a violation of his fundamental rights.
Expressing distress over the situation, Kumar noted in his plea that he was pained by the nature of the crime in which the vehicle was involved, especially since the offending vehicle remained registered in his name long after he had parted with it.
