(1) Any police officer or other person authorised in this behalf by the State Government may, if he has reason to believe that a motor vehicle has been or is being used in contravention of the provisions of section 3 or section 4 or section 39 or without the permit required by sub-section (1) of section 66 or in contravention of any condition of such permit relating to the route on which or the area in which or the purpose for which the vehicle may be used, seize and detain the vehicle, in the prescribed manner and for this purpose take or cause to be taken any steps he may consider proper for the temporary safe custody of the vehicle:
Provided that where any such officer or person has reason to believe that a motor vehicle has been or is being used in contravention of section 3 or section 4 or without the permit required by sub-section (1) of section 66 he may, instead of seizing the vehicle, seize the certificate of registration of the vehicle and shall issue an acknowledgement in respect thereof.
(2) Where a motor vehicle has been seized and detained under sub-section (1), the owner or person in charge of the motor vehicle may apply to the transport authority or any officer authorised in this behalf by the State Government together with the relevant documents for the release of the vehicle and such authority or officer may, after verification of such documents, by order, release the vehicle subject to such conditions as the authority or officer may deem fit to impose.
Legal Commentary & Landmark Judgments: Section 207
Section 207 of the Motor Vehicles Act, 1988 empowers police officers and transport authorities to seize and detain motor vehicles operated without registration, fitness certificates, transport permits, or driving licences.
Sub-section (2) governs the custody and release of detained vehicles: the owner or person in charge may apply to the prescribed transport authority or magistrate for the temporary release of the vehicle upon furnishing appropriate security or bonds and rectifying the underlying documentation deficiency. Seizure under Section 207 is an administrative preventive measure to protect public safety.
Section 207 is the most frequently exercised coercive power by traffic police and RTO flying squads. Seizure under Section 207 cannot be bypassed through simple compounding fines; the owner must produce valid registration, fitness, and permit documentation before the competent transport authority or criminal magistrate under Section 451/457 CrPC (Sections 503/508 BNSS) to obtain a superdari / release order.