Lawstreet Journal

No Policeman Can Seize Your Driving License Except When In Uniform: Calcutta High Court [Read Order]

Lawstreet Journal 13 Mar 2020 2:33am

Image courtesy: Lawstreet Journal Judiciary No Policeman Can Seize Your Driving License Except When In Uniform: Calcutta High Court [Read Order]

A person is not obliged to hand over his driving license on demand to a Police Officer who is not in his uniform, in view of Section 130 of the Motor Vehicles Act, 1988”, held Calcutta High court in Suryaneel Das v. State of West Bengal & Ors).

The court stated that “the duty to produce a license and certificate of registration only arises under Section 130, sub section (1) of the Motor vehicles Act of 1988, which provides that the driver of a motor vehicle in any public place shall on demand by any police officer in uniform produce his license for examination.”

A petition was filed by Mr. Suryaneel Das before the Bench of Calcutta High Court against the Respondent – authorities, Mr Amal Kumar Sen, Ashima Das and others. The petitioner had parked his car in a locality in Bidhan Nagar Area where he was holding a telephonic conversation and two middle-aged men came to him, asked him to disconnect his call and asked him to step out of his car to respond to the queries of a third man. 

The petitioner was unsure about the identities of those people and asked about their identity proofs but they didn’t show him the identity proof, instead they intimidated and hassled the petitioner. 

Ultimately, the driving license was seized without providing any temporary authorization slip which is contemplated in Section 26(3) of the Motor Vehicles Act 1988 (MVA 1988).

The petitioner mentioned to the bench that he was provided with a Purported Compound Slip… Continue Reading...

Tagged: Motor Vehicle Act  
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