JUDGMENT

Pattanaik, J.-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 Section 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 Sate 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