N.Malairaja vs The Licensing Authority / Regional on 27 February, 2019
5. Learned counsel for the petitioner also drew the attention of
this Court to the order passed by the learned Single Judge of this
Court dated 23.01.2019 in W.P(MD) No.1199 of 2019 in the case of
S.R.Rajan vs., the Regional Transport Officer and other
following the Division Bench judgment referred supra, wherein the
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learned Single Judge has held that only the competent Criminal Court
can impound the driving license and it is not open to the Regional
Transport Officials to impound the same when the guilt of the holder
of a driving license has not been established before the Competent
Criminal Court. In the case on hand also, the petitioner's guilt has not
been established by a competent criminal Court. Therefore, the
dictum laid down by the Division Bench of this Court referred to supra
is squarely applicable for the petitioner also.