The court observed that a 2007 standing order of the police commissioner requiring all the barricades to have fluorescent paint and blinkers was an “implied admission” that any reasonable driver may fail to notice unilluminated police barricades during the night.

Assistant Sessions Judge Lovleen was hearing the appeal of Kabir Arif Khan, who was convicted by a magisterial court under Indian Penal Code section 279 and slapped with a fine of ₹1,000 in 2019.

The prosecution said Khan was driving his car rashly on January 12, 2013, from the direction of Hazrat Nizammudin. When he came near the police barricades on the route to Moolchand Hospital, he struck an electric pole, ploughed through a wall and came to a halt only after having turned partly turtle, it said.

In an order passed earlier this month, the court said that though the prosecution’s version was sufficient to assume that the car was being driven at a high speed, the facts were insufficient to prove that Khan was driving negligently.

It noted Khan’s claim, as per which, the spot was not well-lit, due to which he could not notice the barricades and after noticing them belatedly, he swerved his car to avoid collision but lost control.

Noting the site plan and testimony of a police witness, the court said as the barricades were not well-lit, any driver could fail to notice their until the eleventh hour.

It said any driver, facing a similar situation, would naturally take evasive action to prevent a collision with the barricades by either swerving his vehicle or applying brakes.

“The police must keep the barricades well-illuminated. In fact, there are specific administrative directions issued in this regard by the Police Commissioner, Delhi Police vide standing order no. 329/2007 dated October 6, 2007, wherein clause VI mandates that all the barricades must have necessary fluorescent paint as well as blinkers so that they are visible from a long distance,” the court said.

“The said standing order is an implied admission of the fact that any reasonable driver may fail to notice police barricades during nightly hours if unilluminated,” it added.

Saying that Khan’s conviction and sentence could not be sustained, the court set aside the magistrate’s order.

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