Power to detain vehicles used without certificate of registration permit, etc
AI Assist
Summary
A police officer or any person authorised by the State may seize and detain a motor vehicle if they reasonably believe it is being used without required registration or permit, or in breach of permit conditions about route, area or purpose. They may instead seize the vehicle’s registration certificate and give an acknowledgement. The owner or person in charge can apply to the transport authority or an authorised officer with relevant documents for release; after verification the vehicle may be released subject to conditions.
Example
Priya drives a goods vehicle on a route not allowed by its permit. A police officer, believing the vehicle is being used against permit conditions, seizes the vehicle (or its registration certificate) and issues an acknowledgement. Priya applies to the transport authority with the required documents and, after verification, the vehicle is released subject to conditions.
Bare Act
Enacted text(1) Any police officer or other person authorised in this behalf by the State Government may, if he has reason to believe that a motor vehicle has been or is being used in contravention of the provisions of section 3 or section 4 or section 39 or without the permit required by sub-section (1) of section 66 or in contravention or any condition of such permit relating to the route on which or the area in which or the purpose for which the vehicle may be used, seize and detain the vehicle, in the prescribed manner and for this purpose take or cause to be taken any steps he may consider proper for the temporary safe custody of the vehicle:
Provided that where any such officer or person has reason to believe that a motor vehicle has been or is being used in contravention of section 3 or section 4 or without the permit required by sub-section (1) of section 66 he may, instead of seizing the vehicle, seize the certificate of registration of the vehicle and shall issue an acknowledgement in respect thereof.
(2) Where a motor vehicle has been seized and detained under sub-section (1), the owner or person incharge of the motor vehicle may apply to the transport authority or any officer authorised in this behalf by the State Government together with the relevant documents for the release of the vehicle and such authority or officer may, after verification of such documents, by order release the vehicle subject to such conditions as the authority or officer may deem fit to impose.
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