P P DAVE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners are the registered owner of the seized Omni Buses, details of which are given in the list at Annexure - A to this petition. Three out of nine, vehicles were seized by the Transport Officer on 1st August, 1999, 3rd November, 1999 and 6th November respectively. The checking memos were given in which, it is alleged that the offence of misuse of the permit that is a contract carriage permit used as a Stage Carriage permit is committed. The Transport Officer recovered Rs. 1000.00 for each case from the owners and Rs.1000.00 for each case from the drivers as composition fees. It is stated that recovery of composition fees is against wish and will of the driver with a threat to seize the vehicles if the same is not paid. In the petition, the petitioners pray for writ in the nature of prohibition or any other direction or order not to seize the vehicles of the petitioners under Section 207 of the Motor Vehicle Act 1988.

(2.) The learned counsel for the petitioner raised manifold contentions in the matter but I do not consider it necessary to go on each and every contention and record the findings thereon.

(3.) The learned counsel for the respondents supported action of the respondents.