Pattanaik, J. - (1.) Leave granted.
(2.) This appeal by special leave is directed against the judgment of the Division Bench of Bombay High Court, Bench at Aurangabad in Criminal Writ Petition No. 362 of 1998. The High Court has held that when a luxury bus carries passengers, excess in number than allowed by the permit, there is a contravention of terms and conditions of the permit, yet however such contravention does not authorise a police officer to detain and seize the vehicle in exercise of powers under S. 207(1) of the Motor Vehicles Act and, therefore such detention and seizure must be held to be unauthorised and illegal. The said conclusion and the compensation to the tune of Rs. 10,000/- having been awarded, the State of Maharashtra is in appeal against the same.
(3.) The association of the owners of the luxury buses in the districts of Nanded and Parbhani, moved the High Court in a petition under Article 226 of the Constitution, alleging that the police authorities illegally seized the vehicles of the members of the association in purported exercise of the powers under Section 207 of the Motor Vehicles Act on the ground that the buses were found to be carrying persons in excess of the number permitted by the authorities in the conditions of permit, though Section 207 does not authorise for such detention. It was accordingly prayed to declare such seizure and detention of the vehicles to be illegal and to award compensation. The State and the police authorities filed their returns before the High Court, contending inter alia that under Section 207(1) of the Act, the appropriate authority is entitled to seize and detain the vehicle if the vehicle in question is found to have violated any of the conditions of the permit and since permit itself contemplates a specified number of persons to be carried in the vehicle, the vehicle could be legally seized when it is found to be carrying more than the numbers specified in the permit and, therefore, the seizure and the detention of the vehicle cannot be said to be illegal or unauthorised. The High Court by the impugned judgment analysed different provisions of the Motor Vehicles Act and the Rules framed thereunder and on consideration of the same, came to the conclusion that it is not each and every violation of the conditions of the permit which would authorise the seizure and detention of the vehicle under Section 207(1) of the Act. On the other hand it is only when the conditions of permit relating to the area, the route or the purpose for which the vehicle is used, on being violated, the vehicle could be detained and, therefore, detention or seizure of a vehicle on the allegation that vehicle was found to be carrying passengers more than the number provided in the permit is not authorised under sub-section (1) of Section 207 of the Act and consequently, such detention being unauthorised, the persons concerned are entitled to compensation.;