GOVERNMENT OF ANDHRA PRADESH Vs. P RATNAKAR RAO

JUDGEMENT

(1.) Delay condoned.

(2.) This special leave petition arises from the judgment and order of the Andhra Pradesh High Court dated December 29, 1995 made in Writ Petition No. 23323 of 1995. The petitioners are the owners of goods motor vehicles and were plying the same on the basis of pucca national/State permits issued by the appropriate transport authorities. When they challenged the validity of GOMS No. 54, dated March 31, 1995 issued by the Department of Transport [Roads and Buildings] enhancing the compounding fee from Rs.10 per k.g. to Rs.100/- per k.g. as being violative of the Motor Vehicles Act, 1988 [for short, the "Act"] and arbitrary being violating Article 14 of the Constitution, the Division Bench in the impugned judgment upheld the said GOMS.

(3.) Section 194 of the Act enacts penal sanctions for driving a vehicle in violation of Sections 113 to 115 of the Act with a minimum fine of Rs.2,000/- and additional amount of Rs.1,000/- per tonne of excess load together with liability to pay charges for off-loading of the excess load. Sub-section (2) thereof imposes penalty on the driver who refuses to stop and submit to do so by the authorised officer in that behalf under Section 114 or refuses to remove or causes to remove the load or part of it, prior to weighment in the form of fine to the extent of Rs.3,000/-. Section 200 of the Act empowers the authorised officer to compound the offences punishable under the provisions enumerated in sub-section (1) thereof. Section 194 is one of the provisions for the offence of which the officer is empowered either before or after the institution of the proceedings for prosecution, to compound such an offence for such amount as the State Government may by notification in the Official Gazette specify in this behalf. Under sub-section (2) thereof, after compounding the offence the accused in custody shall be discharged and the proceedings shall be dropped in respect of such an offence.