Police Officer Not Authorised To Suspend A Driving Licence, Only Licensing Authority Can Do So: Calcutta High Court
The Calcutta Substantial Court on Tuesday observed that a law enforcement officer has no appropriate to disqualify a human being or revoke a driving licence beneath the Motor Autos Act, 1988, and only the licensing authority is empowered to difficulty and suspend a driving licence.
The Bench of Justice Moushumi Bhattacharya noticed hence although hearing a plea filed by just one Priyasha Bhattacharyya who sought quashing of an order handed by the Assistant Commissioner of Law enforcement, Website traffic Section, Kolkata suspending her Driving Licence for 90 days on account of overspending.
Justifying its transfer to suspend the license, the Condition argued ahead of the Court that a notification issued by it in the 12 months 2016 empowers the Deputy Commissioner of Law enforcement (Targeted visitors) and Superintendent of Police of the Districts to act in phrases of segment 19 of the Motor Cars Act for disqualifying offending drivers or revoking their licences if it is observed needed for the intent of making sure helpful handle of traffic less than Chapter VIII of the Act.
Nevertheless, the Courtroom pointed out that while the state’s 2016 Notification referred to part 19 of the Act, there was no proof irrespective of whether the related provisions of the West Bengal Motor Autos Guidelines, 1989 have been amended to mirror the authorization given to the Police.
The Courtroom more stressed that the Motor Automobiles Act provides the electric power only to the licensing authority and restrictions the electric power of the law enforcement to disqualify a individual or revoke his license underneath the Act, consequently, it held that a afterwards Notification issued by the State Transportation Section can’t override the provisions of the parent Act.
“…only a licensing authority can disqualify a individual from keeping or getting a driving licence or revoke such licence [19(1)(i) and (ii)]. The purchase of disqualification might also be provided by the licensing authority less than 19(1A) of the Act. Licensing authority has been defined in part 2(20) and does not consist of any authority other than an authority empowered to concern licences,” the Court docket more observed.
Importantly, the Courtroom pressured that normally, the notification underneath a provision of any statute must be in support of and in sync with the statutory scheme, however, in the fast case, the notification was creating confusion as to the license impounding powers of the authority talked about in the Act.
Consequently, keeping that the Assistant Commissioner of Police, Traffic Department did not have the power to suspend the licence of the petitioner, the impugned get of suspending the licence was quashed.
The Courtroom purchased the respondents to launch the Driving Licence of the petitioner inside a interval of 2 months. On the other hand, the Court did not approve of the justification presented by the petitioner for the act of overspeeding. “The excuse for overspeeding is no floor at all considering that the petitioner should have a ample eco-method in put and not grow to be a hazard to other travelers on the highway,” the Court docket more additional.
Scenario title – Priyasha Bhattacharyya vs The Condition Of West Bengal And Other individuals
Quotation:
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