Kochi: The Kerala high court on Thursday clarified that motor vehicles department (MVD) officials have the power to seize records of a vehicle that is modified or altered from its original specifications. However, such power should be used only in exceptional circumstances, the court said.

Justice V Chitambaresh issued the clarification after considering a petition filed by the MVD through government pleader K A Sanjeetha pointing out that any MVD officer has the power to seize or take copies of vehicle records if he believes any offence under the Motor Vehicles Act has been committed as per section 213(5)(d). Moreover, the Motor Vehicle Rules of 1989 further states that MVD officers can exercise the powers and perform the duties assigned to them under the Act, it was contended.

Clarifying its judgment of March 1 this year, the court said, "The officers of the motor vehicles department as empowered by the state government in this behalf shall have the power to seize any register or document. The same shall be resorted to only if the officer considers it relevant in respect of an offence under the Act and in exceptional circumstances."

The court's judgment on March 1, on a petition filed by Francis M C, had said that there was no provision in the Act or the rules for MVD officers to retain the certificate of registration of a vehicle that has been altered or modified. The Act only enables the officers to seize the licence of the vehicle driver, the court had said.



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