Licence seizures: ‘Train traffic cops, ensure due process’

Kolkata: The Calcutta High Court has directed the Bengal government to arrange refresher training for all traffic police officers to ensure compliance with legal procedures while seizing driving licences.

The court also instructed the Deputy Commissioner (Traffic) to ensure that acknowledgement slips are issued in every case of licence seizure and that no individual is forced to admit guilt or pay fines without being given the opportunity to face trial.

The bench Justice Partha Sarathi Chatterjee passed the order while disposing of a writ petition filed by advocate Subhrangsu Panda. He alleged that on March 26 this year, his driving licence was unlawfully seized by traffic sergeant Palash Halder near the Khidirpur-AJC Bose Road crossing. Panda was accused of speeding at 77 km/hour in a zone with a posted limit of 60 km/hour.

The court observed that under the Motor Vehicles Act, the power to seize a driving licence is conditional and not automatic. It can only be exercised if the driver is suspected of producing false documents, is likely to abscond, or has committed specific offences under the Act.

The judge also clarified that the authority to suspend or revoke a driving licence lies solely with the licensing authority, not with police officers. The court noted that no temporary authorisation slip had been issued at the time of seizure, which is required by law. It also flagged the practice of compelling drivers to make immediate payments or sign compound slips admitting guilt as a violation of their rights.

While Panda’s licence was later returned and the offence compounded, court refrained from recommending disciplinary action. However, it cautioned the officer concerned and directed that the order be sent to the Home Secretary, Director General of Police, and other senior officials for necessary action.