68. Insertion of new sections 232B, 232C, 232D, 232E and 232F in the principal enactment

The following new sections are hereby inserted immediately after section 232A of the principal enactment and shall have effect as sections 232B, 232C, 232D, 232E and 232F thereof:—

232B. (1) An Examiner of Motor Vehicles, an authorized officer or a police officer may, if he has reason to believe that a motor vehicle which has been fabricated, manufactured, assembled, innovated, adapted, modified or the construction of which has been changed in contravention of the provisions of section 19A has been used for the commission of or in connection with the commission of an offence under any law in force for the time being seize and detain such motor vehicle for such time as may be necessary for the purposes of any inquiry.

Where any authorized officer seizes any motor vehicle under subsection (1), such motor vehicle shall be kept in the custody and control of the Commissioner-General pending inquiry.

Where after due inquiry by an Examiner of Motor Vehicles or an authorized officer or a police officer, such examiner of Motor Vehicles authorized officer or police officer is satisfied that any motor vehicle seized -

has been fabricated, manufactured, assembled, innovated, adapted, modified or its construction changed in contravention of the provisions of section 19A ; and

was used for the commission of or in connection with the commission of an offence under any law in force for the time being, such officer shall submit a report of the facts elicited in the course of such inquiry to the

The Commissioner General of Motor

Any motor vehicle forfeited under subsection (4) shall upon forfeiture vest absolutely in the State. Such vesting shall take effect—

after the expiration of the period within which an appeal may be preferred to the

where an appeal has been preferred to the Court of Appeal against the order of forfeiture upon the determination of such appeal confirming or up holding the order of forfeiture.

In the application the aggrieved person shall be described as the plaintiff and the

the name of the Court of Appeal and the date of making of the application to the court ;

the name and address of the Examiner of

a plain and concise statement of the matter which has to be determined by the court, namely, that the seizure and forfeiture of the motor vehicle, which is the subject matter of the application was unlawful and that the court shall determine—

that such seizure and forfeiture was unlawful ; and

that such vehicle shall be forthwith returned to the plaintiff.

In any proceedings in the Court of

The Minister may make regulations specifying the procedure for the disposal of vehicles that have been forfeited under this section.

Where a person is convicted of an offence under this Act and the Court makes order disqualifying him from driving for any period not less than twelve months, such period of disqualification may be reduced by the Court if by a date specified in the Order under this section such person successfully completes a course approved by the Minister for the purpose of this section and designated by a Court.

The reduction made by an order under this section in a period of disqualification imposed by the Court shall be a period specified in the order of not less than three months and not more than one quarter of the unreduced period and accordingly, where the period imposed is twelve months the reduced period shall be nine months, and where the period imposed by the order is six months, the reduced period shall be three months.

The Court shall not make an Order under this section unless—

it is satisfied that a place on the course specified in the order is available for the offender ;

the Court has explained the effect of the order to the offender and has informed him of the amount of the fees for the course and the requirement that he must pay them before the commencement of the course ; and

the offender has agreed that the order should be made.

The date specified in an order as the latest date for completion of a course must be at least two months before the last day of the period of disqualification as reduced by the order.

On the successful completion of the course, a Certificate shall be issued by the officer who conducted the course to the

Where the course is not completed before the end of the period of disqualification as reduced by the Court, the Court may order the convicted person to remain disqualified until the approved course is completed successfully.

Any expense incurred by such officer as is referred to in subsection (1) in any suit or prosecution brought against him before any

who, on being requested to give his name and address refuses or fails to do so, or gives a name and address which the police officer reasonably suspects to be false;

who is involved in an accident resulting in death or grievous injury;

who, he reasonably suspects has consumed alcohol or drugs;

who, in his opinion is in possession of false or forged documents or false identification number plates;

who, in his opinion is in possession of a motor vehicle with a forged or altered chassis and engine number; or

whom he reasonably suspects is in possession of a stolen vehicle.

A police officer may also detain a motor vehicle at any police station, if -

the driver is unable to produce a valid policy of insurance under section 99 ;

the driver does not possess a valid driving licence; or

the vehicle belongs to a dealer, repairer or manufacturer who does not hold a

An Examiner of Motor Vehicles or a

the documents submitted for registration of such vehicle are false or forged documents;

the vehicle has a forged, tampered or altered chassis or engine number;

the vehicle is mechanically defective;

the vehicle is stolen or if he reasonably suspects it to be stolen; or

the vehicle is fitted with false or forged identification plates.”.