TMI Blog2000 (1) TMI 982X X X X Extracts X X X X X X X X Extracts X X X X ..... the permit, yet however such contravention does not authories a police officer to detain and seize the vehicle in exercise of powers under Section 207(1) of the Motor Vehicles Act and, therefore such detention and seizure must be held to be unauthorised and illegal. The said conclusion and the compensation to the tune of Rs, 10,000 having been awarded, the State of Maharashtra is in appeal against the same. The association of the owners of the luxury buses in the districts of Nanded and Parbhani, moved the High Court in a petition under Article 226 of the Constitution, alleging that the police authorities illegally seized the vehicles of the members of the association in purported exercise of the powers under Section 207 of the Motor Ve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fore, detention or seizure of a vehicle on the allegation, that vehicle was found to be carrying passengers more than the number provided in the permit is not authorised under sub-section (1) of Section 207 of the Act and consequently, such detention being unauthorised, the persons concerned are entitled to compensation. The short question that arises for consideration is whether under subsection (1) of Section 207 of the Act, the appropriate authority can be said to have the power to detain a vehicle, the vehicle being found to be used in contravention of the conditions of permit relating to the number of passengers which could be carried in the vehicle. The learned counsel appearing for the State vehemently contended that the permit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nly when it is found that there has been a contravention in the said field, then the power to detain the vehicle under Section 207(1) can be exercised and not otherwise. That being the position, the High Court was fully justified in its conclusion that contravention of' the condition of permit relating to the number of passengers to be carried in the vehicle will not authorise the detention of the vehicle under Section 207(1) of the Act. According to the learned counsel for the respondent the meaning of a statute has to be ascertained from the language used by the legislature and the Court need not make a fresh legislation in the field where the meaning is unambiguous and clear from the words used. Section 207(1) of the Act is extrac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s to be exercised only when the pre-condition for exercise of power is fully satisfied. It is a cardinal principle of rule of construction of statute that when the language of a statute is fairly and reasonably clear, then inconvenience or hardships are no considerations for refusing to give effect to that meaning. It is not the contention of the learned counsel, appearing for the State nor can it be said that on giving a plain meaning to the words used in Section 207(1) of the Act, there will be any absurdity or would make the statute offending any provisions of the Constitution. Tindal, C.J, in Sussex Peerage case (1844) 11 Cl F 85, p. 143, applying the rule has stated If the words of the statute are in themselves precise and unambiguo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... red under 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. In the case in hand, we are not concerned with the contravention of Section 3 or Section 4 or Section 39 or sub-section (1) of Section 66 and we are only concerned with the question of contravention of the condition of permit. Reading the provisions as it is, the conclusion is irresistible that the condition of permit relating to the route on which or the area in which or the purpose for which the vehicle could be used if contravened, would only authorise the police officer to detain the vehicle and not each and every condition of permit on being vio ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
