Point of Law: Powers to the police officer to impound the documents, sub-section (4) thereof provides for seizing the driving licence of the driver of a motor vehicle.

ORDER :

1. Respondent No. 3 has retained the driving licence of the petitioner w.e.f. June 2019. The petitioner seeks a direction to the respondents for releasing his driving licence.

2. Following facts come out from the pleadings of the parties:

(i) Petitioner was holder of driving licence bearing No. HP-25-20160000019. The driving licence was issued on 12.05.2016 and was valid upto 08.12.2019.

(ii) Petitioner was challaned on 10.03.2017 by the police for drunken driving. His licence was suspended by respondent No. 3-Registering and Licensing Authority, Kalpa at Reckong Peo, District Kinnaur, H.P. on 12.04.2017 for a period of three months, that is, w.e.f. 10.03.2017 to 09.06.2017.

The petitioner was challaned second time by the police on 19.06.2017 for the same offence of drunken driving. Respondent No. 3, on 24.06.2017, suspended petitioner’s licence for a period of three months w.e.f. 19.06.2017 to 18.09.2017.

The petitioner was challaned once again for the same offence by the police and his licence was suspended the third time on 10.04.2019 by respondent No. 3 for a period of three months w.e.f. 1.03.2019 to 31.05.2019.

(iii) The respondent No. 3 retained the driving licence of the petitioner w.e.f. 01.06.2019. It is still lying with the respondents. The driving licence was valid up to 08.12.2019. The petitioner could not take any steps for its renewal as it was lying with the respondents.

In the backdrop of the above factual submissions, petitioner has prayed for a direction for the respondents to release his driving licence.

3. The respondent No. 3 in its reply has admitted that the petitioner was challaned three times by the police for drunken driving and for suspending his licence for a period of three months in three different spells [(a) 10.03.2017 to 09.06.2017; (b) 19.06.2017 to 18.09.2017; and (c) 01.03.2019 to 31.05.2019]. The respondent has defended retaining petitioner’s driving licence on the ground that he was challaned by the police for the same offence thrice within a period of two years. It has further been submitted that on 10.04.2019, a letter was written by respondent No. 3 to the Director Transport, Government of Himachal Pradesh, seeking clarification in the matter. The clarification was still awaited. For want of clarification the order in accordance with law has not been passed.

4. Legal provisions:

Learned counsel for the parties, apart from stating the factual position, have also assisted on the legal provisions applicable. In view of the nature of controversy, it will be appropriate to first take note of the applicable legal provisions.

(i) Section 206 of the Motor Vehicles Act, 1988 (in short MV Act) gives the powers to the police officer to impound the documents, sub-section (4) thereof provides for seizing the driving licence of the driver of a motor vehicle as under:

206. Power of police officer to impound document:

“(1) Any police officer or other person authorised in this behalf by the State Government may, if he has reason to believe that any identification mark carried on a motor vehicle or any licence, permit, certificate of registration, certificate of insurance or other document produced to him by the driver or person in charge of a motor vehicle is a false document within the meaning of section 464 of the Indian Penal Code, 1860 (45 of 1860) seize the mark or document and call upon the driver or owner of the vehicle to account for his possession of or the presence in the vehicle of such mark or document.

(2) Any police officer or other person authorised in this behalf by the State Government may, if he has reason to believe that the driver of a motor vehicle who is charged with any offence under this Act may abscond or otherwise avoid the service of a summons, seize any licence held by such driver and forward it into the Court taking cognizance of the offence and the said Court shall on the first appearance of such driver before it, return the licence to him in exchange for the temporary acknowledg