HABEEB SHAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) On the allegation that petitioner was riding scooter KL-43A/6485 negligently under the influence of alcohol, Crime No. 5820 of 2009 of Ernakulam City Traffic Police Station was registered for offences under Sections 279, I.P.C. and 185 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act" for short). Judicial First Class Magistrate-II, Kochi took cognizance of the offence as S.T. No. 2415 of 2009. Petitioner pleaded guilty and he was sentenced to pay a fine of Rs. 1,000, which was remitted under Annexure-A receipt on 9.7.2009. This petition is filed under Section 482 of the Code of Criminal Procedure for a direction to the second respondent to release the driving licence seized, contending that police has no authority to retain the driving licence.

(2.) Learned Counsel appearing for petitioner and learned Public Prosecutor are heard.

(3.) Learned Public Prosecutor submitted that the driving licence was seized under Section 206 of the Act and it was sent to the Deputy Transport Officer for proceeding under Section 19 of the Act and, therefore, petitioner can approach the Deputy Transport Officer for getting custody of the licence.