IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 20TH JUNE 2011 / 30TH JYAISHTA 1933 Crl.MC.No. 1836 of 2011() -------------------------------------- PETITIONER(S): ------------------------ SREEKUMAR.P.S., S/O.SURESH BABU, PALLATHUPARAMBIL HOUSE, PIPELINE ROAD, PALLURUTHY, KOCHI-6. BY ADVS. SRI.BABU S. NAIR, SMT.M.T.SHEEBA, SRI.K.RAKESH. RESPONDENT(S): STATE: --------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, CITY TRAFFIC POLICE STATION, MATTANCHERY WING, KOCHI CITY- THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. 2. THE ASSISTANT COMMISSIONER OF POLICE, CITY TRAFFIC POLICE, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR SRI. V. MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss CRMC.NO.1836/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX.A: COPY OF THE ACKNOWLEDGMENT ISSUED BY THE RESPONDENT TO THE PETITIONER DTD. 3/07/2010. RESPONDENT'S ANNEXURES: N I L /TRUE COPY/ P.S.TO JUDGE Kss THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1836 of 2011 ==================================== Dated this the 20th day of June, 2011 O R D E R Petitioner claims to be a professional driver engaged in driving a stage carriage. On 03.07.2010 first respondent is said to have checked the said vehicle and found some traffic violation. According to the petitioner, first respondent seized his driving licence and issued Annexure-A, acknowledgment. But that driving licence was not produced before learned Judicial First Class Magistrate-II, Kochi (the jurisdictional Magistrate) as requried under Section 206 of the Motor Vehicles Act (for short, “the Act”). Hence it is prayed that first respondent may be directed to release the driving licence to the petitioner. Learned counsel invited my attention to the power to seize driving licence under Sec.206 of the Act and the obligation of the seizing officer to produce the licence before court, and relied on the decision in Habeeb Shaji v. State of Kerala (2009 [3] KLT 1019). 2. As per Sec.206(2) of the Act on seizure of driving licence the seizing Officer is to produce the same before jurisdictional Magistrate who has to return the same to the person concerned on CRL.M.C. No.1836 of 2011 -: 2 :- his first appearance. The decision referred supra is also to that effect. The Sub Inspector, City Traffic Police Station, Mattancherry Wing, Kochi was bound to produce the driving licence before learned Magistrate. Resultantly, Criminal Miscellaneous Case is allowed. The Sub Inspector, City Traffic Police Station, Mattancherry Wing, Kochi is directed to produce the driving licence of petitioner (if he has not already done it) before the jurisdictional Magistrate immediately. Learned Magistrate shall deal with the same as provided under Sec.206(2) of the Act and as held by this Court in the decision referred supra. Petitioner shall produce a copy of this order before the Officer concerned for compliance. THOMAS P. JOSEPH, JUDGE. vsv