The Madras High Court Bench here showed its disapproval over the act of Transport Department officials in Karur district for having seized a private bus, with a valid permit to ply between Tiruchi and Chennai, for the simple reason that it had five seats more than the permitted capacity of passengers.
Disposing of a writ petition filed by bus owner Parvin, Justice S. Vimala said: “The possession of a valid permit is not in dispute and the only ground for seizure of the vehicle by the respondents (Karur Regional Transport Officer and Motor Vehicle Inspector) is that it carried five seats in excess of the prescribed limit.
“For such violations, there is no justification with the respondents to seize the vehicle and keep it idle for months together in the respondent office. Having regard to the nature of the violations alleged, it is appropriate that the respondents shall seize the certificate of registration of the vehicle and release the vehicle with conditions.”
The judge ordered release of the bus after the petitioner deposits Rs.50,000 as security to the credit of a bank account maintained by the State Transport Commissioner.
The Commissioner was also directed to obtain the Certificate of Registration of the bus from the petitioner and issue an acknowledgement to her.
Ms. Justice Vimala pointed out that Section 207 of the Motor Vehicles Act provides for seizure of vehicles only in cases of grave offences and provides for seizure of the Certificate of Registration alone in case of minor offences.
It would be an offence if the operator uses the vehicle without such certificate.
In so far as the case of the petitioner was concerned, it was her case that the Regional Transport Officer had impounded her vehicle when it was on its way for maintenance works to Karur. She alleged that the Transport Commissioner did not release her vehicle despite making several representations to seize the vehicle’s Registration Certificate instead.
