The Calcutta Superior Courtroom on Tuesday noticed that a police officer has no ideal to disqualify a human being or revoke a driving licence underneath the Motor Automobiles Act, 1988, and only the licensing authority is empowered to problem and suspend a driving licence.
The Bench of Justice Moushumi Bhattacharya observed hence although listening to a plea filed by 1 Priyasha Bhattacharyya who sought quashing of an buy passed by the Assistant Commissioner of Law enforcement, Targeted visitors Office, Kolkata suspending her Driving Licence for 90 times on account of overspending.
Justifying its go to suspend the license, the State argued just before the Court that a notification issued by it in the yr 2016 empowers the Deputy Commissioner of Law enforcement (Traffic) and Superintendent of Law enforcement of the Districts to act in phrases of area 19 of the Motor Motor vehicles Act for disqualifying offending drivers or revoking their licences if it is located vital for the objective of making certain helpful manage of traffic under Chapter VIII of the Act.
However, the Courtroom observed that despite the fact that the state’s 2016 Notification referred to part 19 of the Act, there was no evidence no matter whether the relevant provisions of the West Bengal Motor Cars Principles, 1989 have been amended to replicate the authorization given to the Law enforcement.
The Court even further stressed that the Motor Automobiles Act gives the energy only to the licensing authority and limitations the electric power of the police to disqualify a human being or revoke his license below the Act, for that reason, it held that a later Notification issued by the Point out Transportation Division cannot override the provisions of the mum or dad Act.
“…only a licensing authority can disqualify a human being from keeping or acquiring a driving licence or revoke this sort of licence [19(1)(i) and (ii)]. The get of disqualification may also be offered by the licensing authority under 19(1A) of the Act. Licensing authority has been outlined in part 2(20) and does not consist of any authority other than an authority empowered to concern licences,” the Courtroom further more observed.
Importantly, the Court stressed that typically, the notification less than a provision of any statute must be in aid of and in sync with the statutory plan, nonetheless, in the instantaneous circumstance, the notification was building confusion as to the license impounding powers of the authority pointed out in the Act.
Consequently, keeping that the Assistant Commissioner of Police, Targeted visitors Office did not have the electrical power to suspend the licence of the petitioner, the impugned get of suspending the licence was quashed.
The Courtroom requested the respondents to launch the Driving Licence of the petitioner inside a period of time of 2 months. However, the Court docket did not approve of the justification given by the petitioner for the act of overspeeding. “The excuse for overspeeding is no ground at all since the petitioner should really have a adequate eco-procedure in position and not turn into a threat to other tourists on the road,” the Court further added.
Scenario title – Priyasha Bhattacharyya vs The Condition Of West Bengal And Other individuals
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