Motor Vehicles Act Section 207 — Power to detain vehicles used without certificate of registration permit, etc
CHAPTER XIII OFFENCES, PENALTIES AND PROCEDURE
Civil
Summary
Sub-section (1) allows any police officer or a person authorised by the State Government to seize and detain a motor vehicle if they have reason to believe it is being used in violation of section 3, section 4, or section 39 of the Act, or without the permit required under sub-section (1) of section 66, or in breach of any condition of such permit relating to the route, area, or purpose for which the vehicle may be used. The seizure and detention must be done in the prescribed manner, and the officer or authorised person may take any steps they consider proper for the temporary safe custody of the vehicle.
The proviso to sub-section (1) states that where the officer or authorised person has reason to believe the vehicle is being used in contravention of section 3 or section 4, or without the permit required by sub-section (1) of section 66, they may, instead of seizing the vehicle, seize the certificate of registration of the vehicle and must issue an acknowledgment for it.
Sub-section (2) provides that when a motor vehicle has been seized and detained under sub-section (1), the owner or person in charge of the vehicle may apply to the transport authority or any officer authorised by the State Government, along with the relevant documents, for the release of the vehicle. After verifying these documents, the authority or officer may order the release of the vehicle, subject to any conditions they deem fit to impose.
Note: A state amendment for Rajasthan deletes the words "or without the permit required by sub-section (1) of Section 66" from the proviso to sub-section (1), meaning that in Rajasthan, the option to seize the certificate of registration instead of the vehicle does not apply to cases involving the absence of a permit under section 66.
Official Text
(1) Any police officer or other person authorised in this behalf by the State Government may, if he has reason to believe that a motor vehicle has been or is being used in contravention of the provisions of section 3 or section 4 or section 39 or without the permit required by sub-section (1) of section 66 or in contravention of any condition of such permit relating to the route on which or the area in which or the purpose for which the vehicle may be used, seize and detain the vehicle, in the prescribed manner and for this purpose take or cause to be taken any steps he may consider proper for the temporary safe custody of the vehicle:
Provided that where any such officer or person has reason to believe that a motor vehicle has been or is being used in contravention of section 3 or section 4 or without the permit required by sub-section (1) of section 66 he may, instead of seizing the vehicle, seize the certificate of registration of the vehicle and shall issue an acknowledgment in respect thereof.
(2) Where a motor vehicle has been seized and detained under sub-section (1), the owner or person in charge of the motor vehicle may apply to the transport authority or any officer authorised in this behalf by the State Government together with the relevant documents for the release of the vehicle and such authority or officer may, after verification of such documents, by order release the vehicle subject to such conditions as the authority or officer may deem fit to impose. STATE AMENDMENT Rajasthan Amendment of Section 207, Central Act 59 of 1988.—In the proviso to sub-section (1) of Section 207 of the principal Act, the expression “or without the permit required by sub- section (1) of Section 66” as occurring between the expression “Section 3 or section 4” and the expression “he may” shall be deleted. [Vide Rajasthan Act 2 of 1993, s. 3].