BAR ASSOCIATION Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-11-26
HIGH COURT OF UTTARAKHAND
Decided on November 19,2013

BAR ASSOCIATION Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

Alok Singh, J. - (1.) DIRECTOR General of Police, Uttarakhand issued general order dated 27th December, 2010, in paragraph No. 1 as under: If driver of the vehicle is not having appropriate documents mentioned under Section 207 of Motor Vehicles Act, vehicle must be seized and information of seizure should be forwarded to Transport Officers; Challani Report need not be sent to competent court; power to release vehicles seized under Section 207 would be with the officers mentioned under Section 207 of Motor Vehicles Act only. Feeling aggrieved with condition No. 1, petitioner has preferred present writ petition under Article 226 of the Constitution of India.
(2.) SECTION 207 of Motor Vehicles Act, 1988 reads as under: "207. Power to detain vehicles used without certificate of registration permit, etc. (1) Any police officer or other person authorized in this behalf by the State Government may, if he has reason to believe that a motor vehicle has been or is being used in contravention of the provisions of section 3 or section 4 or section 39 or without the permit required by sub -section (1) of section 66 or in contravention of any condition of such permit relating to the route on which or the area in which or the purpose for which the vehicle may be used, seize and detain the vehicle, in the prescribed manner and for this purpose take or cause to be taken any steps he may consider proper for the temporary safe custody of the vehicle. Provided that where any such officer or person has reason to believe that a motor vehicle has been or is being used in contravention of section 3 or section 4 or without the permit required by sub -section (1) of section 66 he may, instead of seizing the vehicle, seize the certificate of registration of the vehicle and shall issue an acknowledgment in respect thereof. (2) Where a motor vehicle has been seized and detained under sub -section (1), the owner or person in charge of the motor vehicle may apply to the transport authority or any officer authorized in this behalf by the State Government together with the relevant documents for the release of the vehicle and such authority or officer may, after verification of such documents, by order release the vehicle subject to such conditions as the authority or officer may deem fit to impose." Having perused Section 207 of the Act, this Court has absolutely no hesitation to hold that any police officer or other officer authorized in this behalf by the State Government may, if he has reason to believe that a motor vehicle has been or is being used in contravention of the provisions of section 2 or section 4 of section 39 or without the permit required by sub -section (1) of section 66 or in contravention or any condition of such permit relating to the route on which or the area in which or the purpose for which the vehicle may be used; may seize and detain the vehicle in the prescribed manner. Sub -section (2) of Section 207 further provides that vehicle so seized under Section 207 may be released by the Transport Authority or any officer authorized in this behalf by the State Government, if relevant documents for the release are produced before such an officer.
(3.) SECTION 192 and Section 192 -A of the Motor Vehicles Act, 1988 read as under: "192. Using vehicle without registration. (1) Whoever drives a motor vehicle or causes or allows a motor vehicle to be used in contravention of the provisions of section 39 shall be punishable for the first offence with a fine which may extend to five thousand rupees but shall not be less than two thousand rupees for a second or subsequent offence with imprisonment which may extend to one year or with fine which may extend to then thousand rupees but shall not be less than five thousand rupees or with both: Provided that the court may, for reasons to be recorded, impose a lesser punishment. (2) Nothing in this section shall apply to the use of a motor vehicle in an emergency for the conveyance of persons suffering from sickness or injuries or for the transport of food or materials to relieve distress or of medical supplies for a like purpose: Provided that the person using the vehicle reports about the same to the Regional Transport Authority within seven days from the date of such use. (3) The court to which an appeal lies from any conviction in respect of an offence of the nature specified in sub -section (1), may set aside or vary any order made by the court below, notwithstanding that no appeal lies against the conviction in connection with such order was made. 192A. Using vehicle without permit. - (1) Whoever drives a motor vehicle or causes or allows a motor vehicle to be used in contravention of the provisions of sub -section (1) of section 66 or in contravention of any condition of a permit relation to the route on which or the area in which or the purpose for which the vehicle may be used, shall be punishable for the first offence with a fine which may extent to five thousand rupees but shall not be less than two thousand rupees and for any subsequent offence with imprisonment which may extend to one year but shall not be less than three months or with fine which may extend to ten thousand rupees but shall not be less than five thousand rupees or with both: Provided that the court may for reasons to be recorded, impose a lesser punishment. (2) Nothing in this section shall apply to the use of a motor vehicle in an emergency for the conveyance of persons suffering from sickness or injury or for the transport of materials for repair or for the transport of food or materials to relieve distress or of medical supplies for a like purpose: Provided that the person using the vehicle reports about the same to the Regional Transport Authority within seven days from the date of such use: (3) The court to which an appeal lies from any conviction in respect of an offence of the nature specified in sub -section (1), may be set aside or vary any order made by the court below, notwithstanding that no appeal lies against the conviction, in connection with which such order was made.";


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