Clause 41

When any person is found or is reasonably believed to be using a vehicle in contravention of any provision of this Ordinance or of any rule, order or prohibition made thereunder or in contravention of the terms of the licence for such vehicle, any police officer may, whenever it shall appear that such vehicle or its driver cannot be sufficiently identified or that such action is necessary to cause a discontinuance of such offence, take or cause to be taken, or require the person in charge of a vehicle to take the vehicle and any trailer attached thereto to a place of safety there to be kept until released by order of a Magistrate or of the Deputy Commissioner of Police, and if such person refuses or neglects to comply with any such requirement he shall be guilty of an offence under this Ordinance.

Any unauthorized person removing or causing to be removed such vehicle or trailer from the place of safety pending the order of a Magistrate or of the Deputy Commissioner of Police shall be guilty of an offence under this Ordinance.

If the owner of the vehicle or trailer is convicted of or has been permitted to compound an offence under this Ordinance or rules made thereunder, the expenses incurred by the Deputy Commissioner of Police in carrying out the provisions of this section shall be recoverable by or on behalf of the Deputy Commissioner of Police and, in case of dispute or neglect to pay, be summarily ascertained by a Magistrate’s Court and may be recovered in the same manner as if they were fines imposed by such Court.

When any vehicle or trailer is detained under the provisions of this section, the Deputy Commissioner of Police shall with all reasonable despatch give notice in writing to the owner (if the name and address of such owner is known to him) of the seizure and if such vehicle or trailer is not claimed by its owner within three months of the date of its detention, the Deputy Commissioner of Police thereafter and after giving one month’s notice in the Gazette of his intention so to do may sell by public auction or otherwise dispose of such vehicle or trailer. The proceeds, if any, from the sale or disposal of any such vehicle or trailer shall be applied in payment of any licence fees which may be due in respect of the vehicle and of any charges incurred in carrying out the provisions of this section and thereafter shall be applied in payment of any damage caused to property of the Government by the unlawful use of such vehicle or trailer and the surplus, if any, shall be paid to the owner of the vehicle or trailer, or if not claimed by the owner of the vehicle or trailer within twelve months after the date of such sale or disposal shall be forfeited to the Government. [39]