(1.) The petitioner's tourist bus bearing registration No. RJ-30-P0058 was impounded by Respondents 2 and 3 under Section 207 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the said Act") on 9.6.1998 at 9.45 a.m. at Vasant Road, Delhi. In the challan annexed as Annexure P-2 (colly) the following offence was alleged to have been committed:
(2.) The question that arises for consideration in this petition is whether the respondents could have impounded the petitioner's vehicle under Section 207(1) of the said Act when no Rules have been framed prescribing the manner of impounding? At the outset, it would be pertinent to set out the provisions of Section 207(1) (so much as is relevant):
(3.) It is the contention of Mr. R.K. Kapoor, the learned Counsel appearing on behalf of the petitioner, that a vehicle may be seized and detained in exercise of the powers under Section 207(1) of the said Act only "in the prescribed manner". He contends that insofar as Delhi is concerned, there is no prescribed manner inasmuch as no rules have been framed in this regard. According to him, inasmuch as there is no prescribed manner for seizing and detaining vehicles, the petitioner's said tourist bus could not at all have been impounded in purported exercise of the powers under Section 207(1) of the said Act. This, in short, is the petitioner's contention.