ORDER

This special leave petition arises from the order of the Division Bench of the Gujarat High Court, made on December 4, 1996 in LPA No. 1430/96. The Motor Vehicle Inspector had imposed penalty of Rs. 1,000/- etc. for violation of the conditions of the contract carriage permit. It was found that the vehicle was being as stage carriage in violation of the breach of the conditions of the permit inasmuch as petitioner was collecting individual fares @ Rs. 1.60 per passenger and was not using the vehicle as a tourist; vehicle hired to one group party. The petitioner filed writ petition in the High Court seeking the relief as under:

"To allow this petition and to issue appropriate writ, direction and order holding and declaring that the respondent authorities have no legal right or power or authority to either seize or detain the petitioner s vehicles shown at Annexure A to this petition in purported exercise of power under Section 207 of the Motor Vehicles Act, 1988 solely on the allegation of collection of individual fare from the passengers."

2. The learned single Judge and the Division Bench refused to grant the relief in the face of Section 207(1) read with proviso thereto, of the