Page 175 - The Motor Vehicles Act, 1988

SECTION 208 THE MOTOR VEHICLES ACT, 1988 161

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[(4) A police officer or other person authorised in this behalf by the State
Government shall, if he has reason to believe that the driver of a motor vehicle has
committed an offence under any of sections 183, 184, 185, 189, 190, 194C, 194D, or 194E,
seize the driving licence held by such driver and forward it to the licensing authority
for disqualification or revocation proceedings under section 19:
PROVIDED that the person seizing the licence shall give to the person surrendering
the licence a temporary acknowledgement therefor, but such acknowledgement shall
not authorise the holder to drive until the licence has been returned to him.]
207. Power to detain vehicles used without certificate of registration, permit, etc.
(1) Any police officer or other person authorized 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
acknowledgement 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
In its application to the State of Rajasthan, in section 207, in the proviso to sub-section (1),
omit 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”.
[Vide Rajasthan Act 2 of 1993 w.e.f. 30.1.1993]
208. Summary disposal of cases
(1) The court taking cognizance of any offence (other than an offence which the
Central Government may by rules specify in this behalf) under this Act—
(i) may, if the offence is an offence punishable with imprisonment under this
Act; and
(ii) shall, in any other case,
state upon the summons to be served on the accused person that he—

1 Inserted by the Motor Vehicles (Amdt.) Act, 2019 (32 of 2019), dt. 9-8-2019, w.e.f. 1-10-2020 vide
SO 3311(E), dt. 25-9-2020.