The district Court of Chandigarh have convicted a 26-year-old, Fatehgarh Sahib (Punjab) resident, for stealing his own car which was clamped by the Chandigarh Traffic Police, after he had wrongly parked his car at Sector 22, Chandigarh. The convict, Varinder Singh, has been held guilty under section 379 (theft) of the Indian Penal Code, by the court of CJM (Chief Judicial Magistrate), Abhishek Phutela. The court has also imposed a fine of Rs 50000 on the convict. As per the prosecution, the matter dates back to March 26, 2019, when at the backside of Punjab National Bank, Sector 22-D, Chandigarh, the accused committed theft of car (DL-1Z-4063) from the constructive possession of traffic police, Chandigarh by removing the tyre with the wheel clamp of traffic police and dishonestly retained the vehicle in his possession knowing and having reasons to believe the same to be stolen property. Police had pasted a slip on the windscreen of the car. After sometime when policemen reached there, they found the car missing. The accused was thus arrested at a check post by the Police, under section 379 (theft) and 411 (Dishonestly receiving stolen property) of the IPC. The accused pleaded guilty and did not claim trial. At the time of quantum of sentence, the convict pleaded that he is a first-time offender and had come to Chandigarh from Fatehgarh Sahib district in Punjab and was not aware about the practice of clamping of wheel by Chandigarh traffic police. He is employed in Dubai and due to the pendency of this matter, he is not able to join his employment, due to which his family may suffer, therefore, lenient view may be taken while announcing order on quantum of sentence. The public prosecutor, however, argued that maximum punishment should be imposed upon the convict. The court after hearing to the arguments held that that “astute adventure of the convict in removing the tyre on which clamp was put by the traffic police and to drive away the vehicle after changing the tyre, merits dissuasive and exemplary punishment. The convict who could have otherwise been paying fine only for wrong parking, committed theft of vehicle which was clamped by the traffic police.” He was thus sentenced imprisonment of seven days, which he has already undergone after the arrest. The accused was however imposed with a fine of Rs 50000.
