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2007 Supreme(Ori) 59

2007 (Supp.-I) OLR — 658
I. M. QUDDUSI AND A. K. PARICHHA, JJ.
Susanta Kumar Patra...Petitioner
Versus
R.T.O., Puri...Opp.Party
W.P.(C) No.263 of 2007
Navendu Dhal...Petitioner
Versus
Traffic Inspector, S.T.A. Cuttack...Opp.Party
W.P.(C) No.264 of 2007
Jugal Kishore Panda...Petitioner
Versus
R.T.O., Dhenkanal...Opp.Party
W.P.(C) No.265 of 2007
Smt. Geetanjali Rout...Petitioner
Versus
State Transport Authority
and another...Opp.Parties
W.P.(C) No.266 of 2007
Manoj Kumar Das...Petitioner
Versus
R.T.O., Cuttack...Opp.Party
W.P.(C) No.267 of 2007
Fakir Mohan Panda...Petitioner
Versus
R.T.O., Sambalpur...Opp.Party
W.P.(C) No.291 of 2007
Ramesh Kumar Behera...Petitioner
Versus
State Transport Authority
and another...Opp.Parties
W.P.(C) No.292 of 2007
Juganta Praharaj...Petitioner
Versus
State Transport Authority
and another...Opp.Parties
W.P.(C) No.293 of 2007
Juganta Praharaj...Petitioner
Versus
State Transport Authority and another...Opp.Parties
W.P.(C) Nos.262, 263, 264, 265, 266, 267, 291, 292 & 293 of 2007.
(Date of Judgment : 18.1.2007)

Advocates:
For Petitioners:Mr. B. M. Sarangi (In all Writ Petitions)
For Opp.Parties:Mr. P. Panda (Standing Counsel for Transport Department) (In all Writ Petitions)

Headnote:MOTOR VEHICLES ACT, 1988 - Secs. 207(1), 200, 55, 86 - Seizure of vehicle - Power of seizure and detention - Authority having jurisdiction to cancel the registration or a permit, cannot act on any ground other than the grounds mentioned in Secs. 55 and 86 of the Act - Sec. 55 or 86 of the Act does not authorize the police officer or any other person authorised by the State Government in this behalf to take action under those sections - It is the Registering Authority and the Transport Authority only, which can take action under Sec. 55 or 86 of the Act - In the present facts and circumstances direction issued.

       If the Transport Authority on seizure or detention of a vehicle under Section 207 of the Act by him finds that there are grounds to proceed for cancellation or suspension of permit under Section 86, it is open for him to proceed accord¬ingly. But if the Transport Authority finds that any offence mentioned in Section 200 of the Act has been committed which is not covered by Section 55 or 86 of the Act, he has o other option except either to offer compounding of the offences if he is of the opinion that the offences be compounded or refer the complaint to the Magistrate. However, once an offer has been made for compounding of the offences to the owner of the vehicle, it is not open for him to proceed in respect of those offences for cancellation of permit or registration certificate of the vehicle on refusal of that offer by the owner as Section 207 of the Act is relatable to Section 200 (Composition of offences) and Section 208 (Summary disposal of cases) of the Act. Further, the provi¬sions of Section 207, i.e., regarding seizure and detention of the vehicle or documents relating thereto, are temporary provi¬sions as the detention or seizure cannot be kept for an indefi¬nite period. If the police officer or the person authorized by the State Government is of the opinion that the offences be compounded, then an offer should be made to the owner of the vehicle in that regard at the earliest and if the owner protests, such police officer or person has no other option except to file complaint before the Magistrate for taking cognizance under Section 208 of the Act. (Paras - 5 to 9)

JUDGMENT

I. M. QUDDUSI, J. : These are nine writ petitions filed against the seizure of the vehicles of the petitioners under Section 207(1) of the Motor Vehicles Act, 1988 (herein after referred to as “the Act”) by the Regional Transport Officers raising the grievance that their vehicles bearing registration numbers mentioned against the number of each of the writ peti¬tions noted below have been seized and detained for alleged contravention of the provisions of the Motor Vehicles Act and Rules.

W.P.(C) No. Vehicle No.

1. 262 of 2007 OR-02-Y-0604

2. 263 of 2007 OR-19-B-1699

3. 264 of 2007 OR-05-E-4591

4. 265 of 2007 OR-05-E-8777

5. 266 of 2007 OR-05-T-2099

6. 267 of 2007 OR-O5-E-0291

7. 291 of 2007 OR-02-C-2588

8. 292 of 2007 OR-25-9667

9. 293 of 2007 OR-02-L-5567

2. Some of the learned counsel for the petitioners have submitted that the Regional Transport Officers have not proceeded further after seizure of the vehicles but some of the learned counsel for the petitioners have submitted that the Regional Transport Officers have offered for compounding of the offences, but the petitioners did not agree with the same and thereafter no further action was taken by them.

3. Mr. P. Panda, learned counsel for the Transport Depart¬ment has submitted that after seizure of the vehicles or docu¬ments, as the case may be, under Section 207(1) of the Act if the RTOs offer compounding of the offences in accordance with law and the owners of the vehicles do not agree to the same, it is within the jurisdiction of the RTOs to cancel the permits and the regis¬tration of the vehicles under Sections 55 and 86 of the Act.

4. Section 207(1) of the Act authorizes a police officer or any other person authorized by the State Government to seize and detain a vehicle or document connected to the vehicles. In the instant writ petitions, the Regional Transport Officers who are duly authorized by the State Government have seized the vehicles. Therefore, it cannot be said that the seizure and detention of the vehicles by them are without jurisdiction. However, the power of seizure and detention under Sub-section (1) of Section 207 of the Act is limited to the contravention of the provisions of Section 3, i.e., valid driving licence, Section 4, i.e., driving a motor vehicle beyond the age limit of the person fixed by the Government, Section 39, i.e., without having any registration and Sub-section (1) of Section 66, i.e., without permit or in contra¬vention of any condition of the permit. Section 200 of the Act permits the composition of offences committed under Sections 177, 178, 179, 180, 181, 182, Sub-sections (1) and (2) of Section 183 184, 186, 189, Sub-section (2) of Sections 190, 191, 192, 194, 196 or Section 198 of the Act.

5. The grounds on the basis of which the registration of a motor vehicle or a permit granted to it, could be cancelled have been given under Sections 55 and 86 of the Act, according to which if a vehicle has been destroyed or has been rendered perma¬nently incapable of use or removed permanently out of India or the registration has been obtained on the basis of fake documents or the engine number or chassis number embossed on the vehicle are different from the numbers entered in the certificate of regis¬tration, the registration can be cancelled under Section 55 of the Act. Therefore, the registration of a motor vehicle cannot be cancelled in any other situation. In the similar manner if the grounds mentioned in the Section 86 exist only then the permit granted to a motor vehicle can be cancelled or suspended. Some of them are breach of conditions mentioned in Section 84 of the Act, i.e., absence of valid certificate of fitness or unauthorised use of vehicles etc. Therefore, the authority having jurisdiction to cancel the registration or a permit, cannot act on any ground other than the grounds mentioned in Sections 55 and 86 of the Act.

6. Therefore, proceedings regarding cancellation of regis¬trati








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