Impounding and cancellation/suspension of permits under the Motor Vehicles Act are independent of prosecution under Section 66 and Section 192A, and serve the purpose of ensuring compliance with permit conditions and safety regulations.

V.K. Jain, J.

1. The issue involved in this writ petition is as to whether a vehicle found being driven without a permit or in contravention of the terms of a permit, can be subjected to impounding under Section 207 and cancellation or suspension of permit under Section 86 of M.V. Act, even where the owner and/or driver of the vehicle have been prosecuted under Section 66 read with Section 192A of the said Act.

2. The petitioners before this Court are some auto-rickshaw drivers and two associations of auto-rickshaw drivers in Delhi. Section 66 of Motor Vehicles Act, 1988, to the extent it is relevant for the purpose of this writ petition, provides that no owner of a motor vehicle shall use or permit the use of the vehicle as a transport vehicle in any public place whether or not such vehicle is actually carrying any passengers or goods except in accordance with the conditions of a permit granted or countersigned by a Regional or State Transport Authority or any prescribed authority, authorising him the use of the vehicle in that place in the manner in which the vehicle is being used. Thus, holding a permit and complying with its conditions is mandatory for an auto-rickshaw driver. The contravention of Section 66 is punishable under Section 192A of the Act, which provides that the driver of a motor vehicle, using the said vehicle in contravention of the provisions of sub-section (1) of Section 66 or in contravention of any condition of a permit, relating to the purpose for which the vehicle may be used, as well as the owner, causing or allowing a motor vehicle to be used in the aforesaid manner, shall be liable to punishment, which for the first offence is a fine not exceeding Rs 5000/-, but not less than Rs 2,000/- and for any subsequent with imprisonment, which may extend to one year, but shall not be less than three months or with fine which may extend to Rs 10,000/-, but shall not be less than Rs 5,000/-or with both. The Court, however, for the reasons to be recorded, may impose a lesser punishment.

3. Section 86 of Motor Vehicles Act, 1988, to the extent it is relevant, provides that the Transport Authority, which granted the permit, may cancel the same or suspend it for such period as it thinks fit, in the event of breach of any condition specified in Section 84 or of any condition contained in the permit or if the holder of a permit uses or causes or allows a vehicle to be used in any manner not authorized by the permit, or the holder of the permit ceases to own the vehicle covered by the permit. Section 84 prescribes the conditions which are necessarily attached to every permit and inter alia include (a) that the vehicle to which the permit relates carries valid certificate of fitness issued under section 56 and is at all times so maintained as to comply with the requirements of the Act and the rules made there under; (b) that the vehicle to which the permit relates is not driven at a speed exceeding the speed permitted under this Act; (c) that any prohibition or restriction imposed any fares or freight fixed by notification made under section 67 are observed in connection with the vehicle to which the permit relates; (g) that the name and address of the operator are painted or otherwise firmly affixed to every vehicle to which the permit relates, on the exterior of the body of that vehicle on both sides thereof in a colour or colours vividly contrasting to the colour of the vehicle centered as high as practicable below the window line in bold letters.

However, no order for cancellation of suspension of permit can be passed, without giving opportunity, to its holder, to furnish his explanation. Where a Transport Authority cancels or suspends a permit, it is required to give to the holder, reasons in writing for the action taken by it. Any person aggrieved by revocation or suspension of the permit can prefer an appeal to the State Transport Appellate Tribunal in terms of Section 89(1) of the Act.

4. Section 207 (1