The district court of Chandigarh convicted a Mohali-based web designer and imposed a fine of Rs 50,000, for stealing his own car from a checkpost put up to check drunken driving. He was impounded by the Chandigarh Traffic Police in 2016. The vehicle was taken in possession along with the key.
The convict, Harpreet Singh, has been held guilty by the Court of Chief Judicial Magistrate Abhishek Phutela, Chandigarh, under Section 379 (theft) of the IPC. The convict, after the arrest, had gone to jail for one day and was later released on bail.
As per the Prosecution, the case dates back to August 7, 2016 when Head Constable Kamal Singh stated to the police that on August 6, 2016, he was on duty at the 16/17 light point where a checkpost had been erected to check drunken driving. Around 12.15 am, an Innova car (CH01AH-0378) coming from the side of Matka chowk was stopped. Upon checking with the alco censor, it was found that Harpreet Singh, the driver, had consumed alcohol to the extent of 73.06 mg.
However, while the policemen were busy in their duty, Harpreet fled with the vehicle with the help of a duplicate key. The message was immediately flashed on the wireless and the offending driver was contacted on his mobile number, who then said that he will return after 10-15 minutes, but did not return for 30 minutes. The police later realised that the impounded Innova, which was parked at a distance of 50 meters from the check post, was also missing. The accused was thus booked under sections 379 (theft) and 411 (Dishonestly receiving stolen property) of the IPC at the Sector 17 Police Station, Chandigarh.
During the trial, the defense counsel argued that the accused has been falsely implicated in the case, while the accused was not medico legally examined.
The court, however, held that the venturous act of the accused in taking away his own car whilst it was in the lawful custody of the police, out of possession of police party and without their consent, was certainly theft.