If you are also troubled by the arbitrary behavior of the traffic police or if your driving license has ever been confiscated without any solid reason, then this news is like a sigh of relief for you.
The Calcutta High Court has given an important decision and set the limits of the powers of the traffic police. The court has made it clear that the traffic police can confiscate the driving license, but it has no right to suspend or cancel it.
What is the whole case?
This case is related to a person named Shri Panda, who filed a petition in the court alleging that a traffic police sergeant confiscated his driving license and also fined him ₹ 1,000 without any valid reason. The petitioner claimed that this entire action was in violation of Section 206 of the Motor Vehicles Act, which clarifies the process of license confiscation.
What did the High Court say?
While hearing the case on July 24, 2025, a single bench of Justice Parthasarathi Chatterjee clarified:
Limits of seizure – Police can only temporarily seize the license, but it will be mandatory to send it to the court or RTO.
Power to suspend or cancel – This power is only with the licensing authority (RTO), not the police.
Written reasons required – Police will have to give a solid reason in writing before seizing the license or issuing a challan.
Acknowledgement mandatory – If the license is seized, the police will have to give a temporary acknowledgement under section 206 (3).
The High Court has directed the administration
to send a copy of its decision to the state Home Department and the Director General of Police so that the traffic police can be trained and such arbitrariness can be stopped in future.
Why is this decision important for drivers?
This decision will not only help in stopping the increasing arbitrariness and illegal recovery of the traffic police, but it will also give confidence to the citizens that their rights are protected.
Now no police officer can cancel or suspend your driving license without your consent or clear law.
