Published on 09-08-2020

Section 19 of the Motor Vehicles Act empowers the licensing authority to disqualify from holding a driving licence or revoking such licence. Thus, under the legal provision, only a licensing authority can suspend or revoke a driving license. So, police do not have any jurisdiction to suspend the licence, argued the writ petition file filed.

Rule 10(2): When a police officer seizes a licence under Sub-section (2) of section 206 of the Act, he shall give to the person, surrendering the licence, the temporary authorization to drive under Sub-Section (3) of the said section also in Form-L As scripted in the judgment [tem] and the production thereof, on demand, shall be deemed to be production of the licence.

If at any point of time a driving licence is to be seized on the apprehension that the alleged offender may abscond or may avoid service of summons on him, the authority seizing the licence shall be at liberty to do so but only upon recording proper reason therefor and not otherwise and thereafter he can take necessary follow-up action in terms of section 206 of the Act and Rule 10(2) of the West Bengal Motor Vehicles Rules, 1989.

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