Only Licensing Authority Can Suspend, Revoke or Impound Driving Licenses; Police Lack Unfettered Seizure Powers: Calcutta HC
The Calcutta High Court has ruled that traffic police personnel do not have the authority to impound, suspend, or revoke a citizen’s driving license. They may seize the license in cases of alleged reckless driving, but it must be forwarded to the court for consideration. If the court finds the person guilty, only then can the license be sent to the licensing authority for revocation or suspension.
A practising advocate challenged the seizure of his driving licence by a traffic sergeant who accused him of overspeeding and allegedly demanded a cash fine of ₹1,000. When the petitioner insisted on paying online, the sergeant seized his licence without explanation. The petitioner argued this violated Section 206(2) of the Motor Vehicles Act, which requires a specific reason for such seizure. The sergeant claimed he had full authority and dismissed the petitioner's legal objections, citing his experience under a former High Court judge. An intervenor also alleged similar misconduct by the same sergeant.
The Bench of Justice Partha Sarathi Sen held, “Although Section 206 of the Motor Vehicles Act, 1988, uses the term impound, the Act does not define this expression. Consequently, the meaning of the word must be understood in its ordinary and common parlance. While the police officer is empowered to seize a licence under the said provision upon fulfilment of any of the conditions enumerated in Section 206 of the 1988 Act; however, he is to forward the same to the Court to take cognizance of the offence allegedly committed by the driver and if the conditions contained in Sub-section (4) of Section 206 of the 1988 Act, he is to send the licence to the licencing authority for disqualification or for initiating revocation proceeding under Section 19 of the Act. Therefore, the authority to suspend, revoke, or impound the licence is vested solely in the licensing authority that issued it. Consequently, I cannot agree with the contention of respondent no. 10 that he had the power to impound the licence.”
Further the Court said, “The recurring issues concerning the improper seizure of driving licences, unlawful demands for parking fees, and the unauthorized insistence by police officers on the production of registration and insurance certificates, despite the absence of any legal mandate, have repeatedly invoked the extraordinary jurisdiction of this Court and consumed a considerable amount of judicial time.”
The Court held that the seizure of the licence in this case was unlawful. It also criticized the conduct of the traffic sergeant and emphasized the need for proper training of traffic personnel. The Court directed the Deputy Commissioner (Traffic) to organize such training and ensure that an acknowledgement is provided whenever a licence is seized.
Read Here: