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IN THE HIGH COURT AT CALCUTTA
PARTHA SARATHI CHATTERJEE
Subhrangsu Panda – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. writ petition challenging the illegal seizure of a driving licence by a traffic officer. (Para 1 , 2 , 3) |
| 2. allegations against officer for unlawful conduct and demand for cash fines. (Para 4 , 5 , 6) |
| 3. legal framework governing the seizure of driving licenses and enforcement by officers. (Para 34 , 38 , 39) |
| 4. court emphasizes the need for police compliance with statutory protocols. (Para 46 , 49 , 50) |
| 5. orders issued for future compliance and training of traffic officers. (Para 56 , 57 , 58) |
JUDGMENT :
PARTHA SARATHI CHATTERJEE, J.
1. The present writ petition has been instituted by Subhrangsu Panda, a practicing advocate of this Hon’ble Court, seeking extraordinary relief under Article 226 of the Constitution of India.
2. The petition primarily challenges the actions of the traffic authorities, specifically Respondent No. 10, Traffic Sergeant Palash Halder, in relation to the seizure of the petitioner's driving licence.
Petitioner’s Case:
3. The factual matrix, as presented by the petitioner in the writ petition, centers around an incident that occurred on March 26, 2024, at the intersection of Khidirpur Road and A.J.C. Bose Road. The petitioner's vehicle, bearing re
Law enforcement officers must follow statutory procedures for seizing driving licenses, including issuing acknowledgments and ensuring the right to a fair trial is upheld.
Under the M.V. Act, the Police Officers do not have power to take custody of the vehicle driven under intoxicated condition and directed the authorities/officials who have custody of the vehicle in q....
The Court emphasized the importance of considering the petitioner's explanation, conducting an enquiry, and passing a reasoned order within a specified time, while also highlighting the petitioner's ....
The main legal point established in the judgment is that the power to revoke or disqualify a driving license under Section 19 of the Motor Vehicles Act, 1988, can only be exercised after giving the h....
Driving license cannot be seized merely on pendency of criminal proceedings post-accident; requires conviction.
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