Seizure of a vehicle under the Motor Vehicles Act is unlawful without demonstrable violation of statutory provisions.

ORAL ORDER

1. This petition is filed under Article 226 of the Constitution of India in which the petitioner has prayed for the following reliefs:

“7(a) This Hon'ble Court may be pleased to issue appropriate writ, order or direction to strike down the action of the respondent no.4 in booking the case under the provisions of Motor Vehicle Act against the petitioner on the ground of lack of jurisdiction.

(b) This Hon'ble Court may be pleased to issue appropriate writ, order or direction to respondents for immediate release of vehicle bearing Truck No.GJ-15-XX-7888.

(c) Pending admission, final hearing and disposal of this petition, direct the respondents to release the vehicle bearing Truck No.GJ-15-XX-7888 upon such terms and conditions as this Hon'ble Court may deem fit and proper.

(d) Grant such other and further relief as thought fit in the interest of justice.”

2. Heard learned advocate Ms.Shah for the petitioner and learned Assistant Government Pleader Ms.Patel for the respondents.

3. Learned advocate for the petitioner submitted that the petitioner is the owner of the vehicle that is Truck bearing registration no.GJ- 15-XX-7888. It is submitted that the said vehicle is seized by the respondent no.4 under Section 207 of the Motor Vehicles Act, 1988 (hereinafter referred to as `the Act' for short). Learned advocate has referred the seizure memo, copy of which is produced at page 11 of the compilation and the reasons for which the vehicle in question is seized are mentioned in the said seizure memo. It is submitted that the respondent no.4 is not empowered to seize the vehicle under of the Act as there is no violation of provisions of Sections 3 ,4,39 and 66(1) of the Act. It is submitted that from the seizure memo, it is revealed that the petitioner has not violated any of the aforesaid provisions and therefore the respondent no.4 is not empowered to seize the vehicle in question while exercising the powers under of the Act. It is, therefore, urged that respondent no.4 be directed to release the vehicle in question forthwith.

4. On the other hand, learned Assistant Government Pleader Ms.Patel has submitted that the respondent no.4 is empowered to seize the vehicle in question. Learned Assistant Government Pleader has also referred the grounds mentioned in the seizure memo.

5. Section 207 of the Act provides as under:

“207. Power to detain vehicles used without certificate of registration permit, etc.-(1) Any police officer or other person authorised in this behalf by the State Government may, if he has reason to believe that a motor vehicle has been or is being used in contravention of the provisions of section 3 or section 4 or section 39 or without the permit required by sub-section (1) of section 66 or in contravention or any condition of such permit relating to the route on which or the area in which or the purpose for which the vehicle may be used, seize and detain the vehicle, in the prescribed manner and for this purpose take or cause to be taken any steps he may consider proper for the temporary safe custody of the vehicle.

Provided that where any such officer or person has reason to believe that a motor vehicle has been or is being used in contravention of section 3 or section 4 or without the permit required by sub-section(1) of section 66 he may, instead of seizing the vehicle, seize the certificate of registration of the vehicle and shall issue an acknowledgment in respect thereof.

(2) Where a motor vehicle has been seized and detained under sub-section (1), the owner or person incharge of the motor vehicle may apply to the transport authority or any officer authorised in this behalf by the State Gov