1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2929/2009. Shrikant s/o Digambar Karad - APPLICANT VERSUS 1) The State of Maharashtra & Ors. - RESPONDENTS ***** Mr.SS Thombre, Advocate for Applicant; Mrs.BR Khekale, APP for State. ----- CORAM : K.U.CHANDIWAL, J. DATE : 4th September,2009. PER COURT : . Heard learned Counsel for the applicant/accused and learned APP. 2) The motor vehicle, bearing No. MH-23 E-2942, belonging to the applicant, was taken charge as it was violating the terms of the Rules to ply. 3) A notice was issued dated 15.3.2009, which the applicant claims to have been received on 6.4.2009, it was replied on 10.4.2009. The allegations were denied. The Competent Authority 2 (Sub Divisional Police Officer, Kaij) passed order dated 9.8.2009 in terms of Section 53(1) of Motor Vehicles Act, and under Rule 52 of the Rules therein. Respondent No.3 suspended registration of the vehicle for a period of 120 days. The order dated 15.4.2009 is served on 9.8.2009, the vehicle was seized on 9.8.2009 and it is kept at the office of District Superintendent of Police, Beed (Respondent No.2). The applicant, owner of the vehicle, has his independent remedies to challenge the order passed under Section 53(1)(b) of the Motor Vehicles Act, 1988. However, law does not contemplate power of detaining the vehicle upon the respondent no.3. The requirement of Section 53(1)(b) of the said Act, deals only to the extent of deposition of the requisite papers and it was then for the owner/petitioner herein to communicate to the authorities as to the place, where the vehicle will be stationed during detention period. 4) In this scenario of the matter, though 3 the order under challenge is not disturbed, however, the authorities concerned will hand-over the vehicle to the petitioner/applicant on his executing a requisite bond with an undertaking that he will intimate the authorities and place keeping the vehicle stationary for the suspended period. It follows that the applicant herein shall not ply the vehicle in contravention of the Rules. The applicant/accused has his remedies to challenge the very order, which he can independently do. 5) With these observations, Criminal Application disposed of. ( K.U.CHANDIWAL ) JUDGE bdv/cran2929.09