Page 174 - The Motor Vehicles Act, 1988

160 THE MOTOR VEHICLES ACT, 1988 SECTION 206

or objects to the provision of such specimen on the ground that its provision or the
requirement to provide it would be prejudicial to the proper care or treatment of the
patient.
(3) The result of a laboratory test made in pursuance of this section shall be
admissible in evidence.
Explanation : For the purposes of this section “laboratory test” means the analysis
of a specimen of blood made at a laboratory established, maintained or recognised by
the Central Government or a State Government.
205. Presumption of unfitness to drive
In any proceeding for an offence punishable under section 185 if it is proved that
the accused, when requested by a police officer at any time so to do, had refused, omitted
or failed to consent to the taking of or providing a specimen of his breath for a breath
test or a specimen of his blood for a laboratory test, his refusal, omission or failure may,
unless reasonable cause therefor is shown, be presumed to be a circumstance supporting
any evidence given on behalf of the prosecution, or rebutting any evidence given on
behalf of the defence, with respect to his condition at that time.
206. Power of police officer to impound document
(1) Any police officer or other person authorised in this behalf by the State
Government may, if he has reason to believe that any identification mark carried on a
motor vehicle or any licence, permit, certificate of registration, certificate of insurance
or other document produced to him by the driver or person in charge of a motor vehicle
is a false document within the meaning of section 164 of the Indian Penal Code, 1860
(45 of 1860) seize the mark or document and call upon the driver or owner of the vehicle
to account for his possession of or the presence in the vehicle of such mark or document.
(2) Any police officer or other person authorised in this behalf by the State
Government may, if he has reason to believe that the driver of a motor vehicle who is
charged with any offence under this Act may abscond or otherwise avoid the service of
a summons, seize any licence held by such driver and forward it into the court taking
cognizance of the offence and the said court shall on the first appearance of such driver
before it, return the licence to him in exchange of the temporary acknowledgement
given under sub-section (3).
(3) A police officer or other person seizing a licence under sub-section (2) shall
give to the person surrendering the licence a temporary acknowledgement therefor
and such acknowledgement shall authorise the holder to drive until the licence has
been returned to him or until such date as may be specified by the police officer or other
person in the acknowledgement, whichever is earlier:
PROVIDED that if any Magistrate, police officer or other person authorised by the
State Government in this behalf is, on an application made to him, satisfied that the
licence cannot be, or has not been, returned to the holder thereof before the date specified
in the acknowledgement for any reason for which the holder is not responsible, the
Magistrate, police officer or other person, as the case may be, may extend the period of
authorization to drive to such date as may be specified in the acknowledgement.