The police only have the authority to seize a driving license in three specific circumstances: (1) if the license is false; (2) if the driver is trying to avoid service of summons; or (3) if the police have reason to believe that the driver has committed an offense under certain specified sections of the Motor Vehicles Act.

W.P.No.780 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR

W.P.No.780 of 2023

&

W.M.P.No.727 of 2023

S.Anandakumar

... Petitioner

Vs.

1.The Regional Transport Officer

and Licensing Authority

Villupuram

2.The Inspector of Police

Villupuram West Police Station

Villupuram

... Respondents

PRAYER: Writ petition filed under Article 226 of the Constitution of India

praying to issue a Writ of mandamus directing the respondents to forthwith

return petitioner's original driving license bearing DL

No.TN20Y20080002498 to the petitioner within a time limit that may be

fixed by this Court.

For Petitioner

: Mr.K.Hariharan

For Respondents

: Mrs.R.Anitha, Spl.G.P

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W.P.No.780 of 2023

O R D E R

This writ petition has been filed to direct the respondents to

forthwith return petitioner's original driving license bearing DL

No.TN20Y20080002498 to the petitioner.

2. The case of the Writ Petitioner is that he is the driver of the State

Express Transport Corporation. While driving the vehicle on 06.12.2022,

the vehicle met with an accident while proceeding to Villupuram bus stand

and the FIR has been filed and the driving license has been collected by the

respondent Poilice. The FIR has been filed for offences U/s. 279 and 304 A

IPC. Therefore, he seeks a direction for release of the license.

3. Heard the learned counsel on either side.

4. This Court in W.P.No.11 of 2023, in a similar situation has dealt

elaborately the manner in which the powers could be exercised U/s. 19 of

the Motor Vehicles (Amendment) Act, 2019(in short 'Act') and powers of

the Police officer U/s.206 (4) of the Act. Though this Court has held that

power U/s. 19(!) of the Act could be initiated irrespective of the criminal

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W.P.No.780 of 2023

cases conclusion, such power has to be exercised only after giving an

proper opportunity to the petitioner and is also held that seizure of the

license is not required for taking action U/s. 19. The action U/s. 19 could

be initiated on the basis of the report submitted by the Police officer.

Similarly, the power of the Police officer to seize the license pursuant to the

in cession of the Sec.206(4) of the Act is elaborately dealt.

5. This Court has held that Police have power to seize the license

only in the three contingencies mentioned in Sec. 206 of the Act. In such

view of the matter, even to seize the license U/s. 206 proper reasons has to

be recorded. In such view of the matter, without any reasons being recorded

the license cannot be seized. In the given case, the license has been seized

merely based on the FIR u/s. 297 and 304(A).

6. This Court in W.P.No.11 of 2023 has held as follows:

14. Therefore, before any action taken under

Section 19 of the Act, an opportunity has to be

given by the Licensing Authority. Therefore, the

seizure power of the police introduced under

Section 206 of the Act is only in certain

circumstances. Only if the police officer has reason

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W.P.No.780 of 2023

to believe that offence has committed in any of the

sections 183, 184, 185, 189, 190, 194C, 194D, or

194E under sub-clause (4) of Section 206 of the M.V.

Act, he can seize the licence and forward to the

Licensing Authority. The combined reading of

Clauses 1, 2, 3, and 4 of Section 206 of M.V.Act

makes it clear that only three contingencies, the

police officer can seize the licence. Particularly,

when the identification mark or licence or the

documents relating to the vehicle are false those

documents can be seized under sub-clause (1).

15. The second contingency on which police

officer can seize the licence is if any person

charged under the M.V. Act, try to abscond or avoid

service of summons, licen