IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 12TH APRIL 2011 / 22ND CHAITHRA 1933 WP(C).No. 11420 of 2011(B) ----------------------------------------- PETITIONER(S): ------------------------ K.A.VARGHESE,AGED 56,S/O.K.A.ANTONY, KADUNGARIPARAMBIL HOUSE,HOUSE NO.15/569,NAZARETH, KOCHI-2. BY ADV. SRI.P.GOPALAKRISHNA MENON SRI.M.JITHESH MENON RESPONDENT(S): --------------------------- THE JOINT REGIONAL TRANSPORT OFFICER, MATTANCHERY,SUB REGIONAL TRANSPORT OFFICE, MATTANCHERY,KOCHI 680 005. BY GOVERNMENT PLEADER SRI.BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.11420/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE PETITIONER'S LICENSE. P2 COPY OF THE JUDGMENT IN WP(C)NO.32449/2010 DATED 28/10/2010. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts P. N. RAVINDRAN, J. ----------------------------------------- W.P(C).NO. 11420 OF 2011 ------------------------------------------ Dated this the 12th day of April, 2011 J U D G M E N T Heard the learned counsel on both sides. 2. This writ petition is filed mainly seeking direction to the respondent to return the petitioner's driving licence, which was seized on 23.09.2010. The learned Government Pleader appearing for the respondent submits on instructions that a charge memo was issued against the owner of the goods vehicle driven by the petitioner for violating section 113(3) of the Motor Vehicles Act, 1988. The learned Government Pleader also submitted that it was in exercise of the power conferred under section 206 of the Motor Vehicles Act, 1988 that the petitioner's driving licence was seized. Sub-sections (1) and (2) of section 206 of the Motor Vehicles Act, 1988 read as follows: “(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 of document.” “(2) Any police officer or other person authorised in this behalf by the State Government may, if he has reason to belief 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 WP(C).No.11420 of 2011 2 shall on the first appearance of such driver before it, return the licence to him in exchange for the temporary acknowledgment given under sub-section (3).” 3. Going by sub-sections (1) and (2) of section 206, a driving licence can be seized only if the driver of vehicle is charged for any offence under the Act or the IPC. In the instant case, the driver of the vehicle i.e. the petitioner has not been charged for the commission of any offence under the Act or the IPC. The charge is against the owner of the vehicle for violating section 113 of the Motor Vehicles Act. Therefore, the seizure of the petitioner's driving licence pursuant to the registration of a crime against the owner of the vehicle cannot be sustained. I, accordingly dispose of the writ petition with a direction to the respondent to return the driving licence seized from the petitioner forthwith, on the petitioner producing a certified copy of this judgment before him. Sd/- P. N. RAVINDRAN JUDGE KRK // TRUE COPY// P.A. TO JUDGE WP(C).No.11420 of 2011 3