S.K.Sen, C.J. - (1.) The petitioner has prayed for a writ of certiorari to quash the challan of his vehicle (Vikram Tempo No. UP 32 T 4341) dated 13.09.2000, contained in Annexure-1 to the writ petition. He has further prayed for a writ of mandamus commanding the opposite parties to release his above vehicle-The vehicle of the petitioner has been seized under Section 207 (1) of the Motor Vehicles Act, 1988.
(2.) Learned counsel for the petitioner has submitted that in similar cases, orders for release of the vehicle through Chief Judicial Magistrate have been passed by this Court earlier. In support, he has filed a copy of such order as Annexure-6 to the writ petition. Learned counsel for the State has submitted that under Section 207 (2) of the Motor Vehicles Act, 1988 power to release such vehicle has been given to the transport authority or any officer authorized in this behalf by the State Government and the Chief Judicial Magistrate has no power to release the vehicle.
(3.) We have considered the submissions of the learned counsel for the petitioner and also of the State counsel. Section 207 of the Act provides as follows :- "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.";