Motor vehicles detention power is limited to route, area or purpose breaches, not mere passenger overloading.

Section 207(1) of the Motor Vehicles Act authorises seizure and detention only for specified statutory breaches, including use without a permit or breach of a permit condition relating to the route, area, or purpose of use. The provision was construed according to its clear and unambiguous language, so its scope could not be expanded by the permit form or the Maharashtra Motor Vehicles Rules. On that construction, carrying passengers beyond the permitted number was not a breach of the route, area, or purpose condition. The power of detention therefore does not extend to seizure of a vehicle merely for overloading passengers beyond the permit limit.

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Issues: Whether, under Section 207(1) of the Motor Vehicles Act, a police officer can seize and detain a vehicle for breach of permit conditions relating to the number of passengers carried, and whether such detention can justify compensation for illegal seizure.

Analysis: The provision authorises seizure and detention only where the vehicle is used in contravention of Section 3, Section 4, Section 39, without the permit under Section 66(1), or in contravention of a permit condition relating to the route on which, the area in which, or the purpose for which the vehicle may be used. The language was held to be clear and unambiguous, so it had to be given its natural and ordinary meaning. On that construction, not every breach of a permit condition attracts the power of detention. Overloading beyond the passenger capacity specified in the permit was held not to be a breach of the route, area, or purpose requirement. The permit form and the Maharashtra Motor Vehicles Rules did not justify expanding the statutory wording.

Conclusion: The power of detention under Section 207(1) does not extend to seizure of a vehicle merely because it carries passengers in excess of the number permitted.

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