Can a Police Officer Suspend a Driving Licence? HC replies

 

 

 The Calcutta High Court has held that a Police Officer is not empowered to disqualify a person or revoke a driving licence under the Motor Vehicles Act, 1988 and the same is under the jurisdiction of licensing authority only.

The single-judge bench of Justice Moushumi Bhattacharya was adjudicating upon a petition seeking quashing of order passed by passed by the Assistant Commissioner of Police, Traffic Department, Kolkata suspending the Driving Licence of the petitioner for 90 days.

The Court after analysing all the relevant provisions of the Act ruled that only a licensing authority can disqualify a person from holding or obtaining a driving licence or revoke such licence [19(1)(i) and (ii).

 The order of disqualification may also be given by the licensing authority under 19(1A) of the Act. Licensing authority has been defined in section 2(20) and does not include any authority other than an authority empowered to issue licences. Section 206 refers to the power of the licensing authority to disqualify or revoke under section 19 and limits the power of a police officer to impound a document; this is by restricting the power of the police only to seize the driving licence and forward it to the licensing authority for disqualification or revocation under section 19."

The Court clarified that the Notification relied upon by the State empowers the Deputy Commissioner of Police (Traffic) and Superintendent of Police of the Districts to act in terms of section 19 for disqualifying offending drivers or revoking their licences if it is found necessary for the purpose of ensuring effective control of traffic under Chapter VIII of the Act.It further added:

"Although, this Notification refers to section 19 of the Act, there is no evidence whether the relevant provisions of the West Bengal Motor Vehicles Rules, 1989 have been amended to reflect the authorization given to the Police. The Notification in fact mentions that the Rules will be suitably amended in due course."

Since the Motor Vehicles Act gives the power, in no uncertain terms, to the licensing authority and limits the power of the police to disqualify a person or revoke his licence under the Act, this Court is of the view that a later Notification issued by the State Transport Department cannot override the provisions of the parent Act, the Court observed.

 

Noting that notification under a provision of any statute must be in aid of and in sync with the statutory scheme, the Court opined that Notification in the present case results in confusion as to the licenceimpounding powers of the authority mentioned in the Act.

"This is particularly so where the effect of the subsequent Notification alters and modifies the power of the licensing authority under the Act, particularly under sections 19 and 206 thereof. The directions given to the State / U.Ts by the Supreme Court Committee on Road Safety dated 18.08.2015 is by way of a recommendation and for the object of road safety. The communication does not seek to alter the provisions of the Motor Vehicles Act."

The Court accordingly asked the authorities to release the Driving Licence of the petitioner. 

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