Police Can Not Suspend, Revoke Driving License, Licensing Authority Holds Exclusive Right: Calcutta HC

The Calcutta High Court, hearing a petition by a practising advocate against the seizure of his driving license by the traffic sergeant, held that traffic police personnel have no right to suspend, revoke or impound the licence. It can only temporarily seize a license for alleged reckless driving and must forward the case to the court for cognisance. If the accused is found guilty, then the license can be sent to the licensing authority for revocation or suspension. 

The court added that police can not compel the person to confess to the allegations if he/she wish to defend. The petition mentioned that the vehicle was stopped by the private respondent on the allegations of overspeeding. 

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The petitioner alleged that the private traffic respondent number 10 demanded a cash payment of Rs 1,000 in cash as a fine for overspeeding when the petitioner refused to pay online and offered to pay through the prescribed online mode, the respondent seized his driving license without stating a reason. 

The court in its verdict noted that Section 19 of the Motor Vehicles Act (1988 Act) confers the Power of the licensing authority to disqualify from holding a driving licence or revoke such licence if it is satisfied. However, the decision to suspend the license can only be taken after giving the accused a chance to defend himself. 

The court further noted that police personnel can only seize the driving license under three special conditions enumerated in section 19. Court noted that a combined reading of Sub-Sections (1), (2), (3) and (4) of Section 206 of the 1988 act indicates that a police officer cannot claim to have unfettered power to seizure of a driving licence by a police officer. 

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“Therefore, the seizure of a driving license is not an automatic process; it is contingent upon the fulfilment of certain prescribed conditions. Furthermore, once a license is seized, the concerned authority is obligated to issue an acknowledgement to the driver. This acknowledgement serves as a temporary authorisation, enabling the driver to continue operating the vehicle either until the license is returned or until the date specified in the acknowledgement," the court said.