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Court said, "Licensing authority has been defined in section 2(20) (of the Motor Vehicles Act, 1988) and does not include any authority other than an authority empowered to issue licences."
While denying police officer the right to disqualify or revoke driving license under Motor Vehicles Act, 1988, the Calcutta High Court recently observed that only the licensing authority is empowered to issue and suspend a driving license.
A plea was filed by one Priyasha Bhattacharya for quashing the order passed by the Assistant Commissioner of Police, Traffic Department, Kolkata. By impugned order department suspended her license for 90 days for overspeeding.
While arguing, the State counsel mentioned the notification issued in 2016 which empowers the Deputy Commissioner of Police (Traffic) and Superintendent of Police of Districts to act in terms of section 19 of the 1988 Act for disqualifying or revoking licenses of the offending drivers if the necessity arose for the purpose of ensuring effective control of traffic under chapter VIII of the Act.
Taking note of the various provisions of the Act, Court observed,
“… only a licensing authority can disqualify a person from holding or obtaining a driving licence or revoke such licence [19(1)(i) and (ii)]. The order of disqualification may also be given by the licensing authority under 19(1A) of the Act. Licensing authority has been defined in section 2(20) and does not include any authority other than an authority empowered to issue licences.”
Moreover, Court held that a later notification issued by the State Transport Department cannot override the provisions of the parent Act. "The notification in the instant case is creating confusion as to the license impounding power of the authority as mentioned in the Act," Court said.
As a consequence, while quashing the impugned order, Court held that the Assistant Commissioner of Police, Traffic Department do not have the power to suspend the license of the petitioner.
Court ordered the respondents to release the driving license of the petitioner within two weeks. While disapproving of the reason given for overspeeding, Court further observed:
“The excuse for overspeeding is no ground at all since the petitioner should have a sufficient eco-system in place and not become a risk to other travelers on the road.”
Case Title: Priyasha Bhattacharyya Vs. The State of West Bengal and others
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