Learned Advocate for the petitioner makes a grievance that even if a bus is overloaded by a few passengers, then also the R.T.O. Officers are detaining the bus for a long time. She further states that at night time, the passengers are put to harassment if the bus is detained for a long time. She also pointed out that in the decision of the Supreme Court in State of Maharashtra v. Nanded Parbhan Z.L.B.M.V. Operator Sangh, 2000(2) SCC 69, the Supreme Court has held that the vehicle can be detained under Section 207(1) of the Motor Vehicles Act only when the contravention is of conditions of permit relating to the route on which or the area in which or the purpose for which the vehicle may be used and that the power of detention cannot be exercised where the passengers carried are more than the number specified in the permit.
Considering the aforesaid aspect of the matter, the respondent-authority, at the time of checking the vehicle, may not detain the vehicle for a long time, especially when such checking is to be carried out at night time, and if the irregularity is of carrying excess passenger, the authority may not detain the vehicle for more time than required for checking. It is expected that such checking should be carried out in such a way that the vehicle may not be required to be detained for a long period. However, it is always open for the authority to carry out proper investigation if the irregularity is of a serious nature, like breach of permit, etc. With these observations, the petition is disposed of. Notice is discharged with no order as to costs.
( P.B. Majmudar, J. ) **** (apj)