- (1.) M. Katju, J. Heard learned counsel for the petitioner.
(2.) IT appears that the petitioner's vehicle has been seized under Section 207 (1) of the Motor Vehicles Act. The remedy in such a case is to apply under Section 207 (2) of the said Act. However, learned counsel for the petitioner invited my attention to a Division Bench decision of this Court in Phool Chandra \. A. R. T. C. and others decided on 24-9-1996 being writ peti tion No. 30970 of 1996, copy of which is Annexure-6 to the writ petition. In this decision it has been held that the petitioner has an alternative remedy of either approaching the authority concerned under Section 207 (2) of the said Act or to approach the Magistrate concerned under section 457 Cr. PC. In my humble opinion, the above decision requires to be recon sidered since in my opinion the only alterna tive remedy where the vehicle is seized under Section 207 (1) is to apply under Sec tion 207 (2) of the Act. In my opinion, there is no remedy to apply under Section 457 Cr. P. C. This is so because the special law over rides the general law. The Motor Vehicles Act is a special law relating to Motor Vehicles and it will override the general law in the Cr. P. C. Moreover, the seizure in the present case is under Section 207 (1) of the Motor Vehicles Act and not under the provisions of the Cr. P. C. Hence in my opinion, the Motor Vehicles Act will apply and not the Cr. P. C. In my respectful opinion, the view of the Division Bench that the petitioner can either approach the Transport Authority under Section 207 (2) of the Act or the Magistrate concerned under Section 457 Cr. P. C. does not appear to be correct, and re quire reconsideration. In my opinion, the only remedy is under Section 207 (2) of the Act and not under Section 457 Cr. P. C. Let the papers of this case be laid before Hon'ble the Chief Justice for con stituting a larger Bench for reconsidering the view of the Division Bench in the aforesaid writ petition No. 30970 of 1996. .
(3.) IN the meanwhile I direct that if the petitioner files an application under Sec tion 207 (2) of the Motor Vehicles Act before the authority mentioned in that provision the said application will be decided within three weeks of filing of the said application alongwith certified copy of this order. Order accordingly. .;