A Petition has been filed before the Punjab and Haryana High Court, raising the issue of seizure of driving license by police for violating the speed limits.
The Petitioner has contended that Seizure of Driving license by the Chandigarh Traffic Police and the different States Traffic police U/s 206 of Motor Vehicle Act for violating the speed limits for the first time is in gross violation of provisions of Motor Vehicle Act, 1988 (Amended in 2019).
Section 183(1) of the Motor Vehicle Act 1988
(1) Whoever drives a motor vehicle in contravention of the speed limits referred to in section 112 shall be punishable with fine which may extend to four hundred rupees, or, if having been previously convicted of an offence under this sub-section is again convicted of an offence under this sub-section, with fine which may extend to one thousand rupees.
Counsel for the Petitioner argued that if a person/driver has committed first offence under Section 183 (1)(violating speed limits) of Motor Vehicle Act,1988 (Amended in 2019), he can only be fined.
His Driving license cannot be seized by virtue of section 183(1)(iii) of M.V Act( amended 2019) and
further, the action is also against the notification issued by the Chandigarh Administration Transport Department.
High Court Disqualification and Revocation Proceedings:
Considering the Arguments, the Punjab and Haryana High Court has provided that initiation of disqualification or revocation proceedings under Section 19 of the Act shall be kept in abeyance.
Case Details:
Title: Dharamveer vs State of U.T Chandigarh
Case No.CWP-17027-2020
Coram: Hon’ble Justice Rekha Mittal
Appearance:
Mr P.S. Chauhan, Advocate, for the Petitioner
Mr Vikas Chatrath, Advocate, on behalf of Respondents No.1 to 5
Mr Rohit Arya, DAG, Haryana on behalf of Respondent No.6
