M S PALAKSHA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners in all these writ petitions are transport operators who have a common grievance to make. They contend that Police Officers who are checking their vehicles and demanding production of documents for commission of offences under the Motor Vehicles Act are not competent to do so nor do they check reports issued by them furnish a sound basis to the authorities for initiating any legal proceedings against them. They question the validity of the check reports and seek a writ of certiorari quashing the same besides a declaration to the effect that with the amendment of Section 130 of the Motor Vehicles Act, 1988, the Police Officers have ceased to have any power to check the vehicles in question or take any legal action or proceedings against the transport operators.

(2.) Heard learned Counsel for the parties.

(3.) The petitioners are entirely banking upon amendment to Section 130 of the Motor Vehicles Act 1988 in support of their case that the Police Officers have ceased to have any power to check their vehicles w.e.f. 14-11-1994 i.e., the date the amendment came into force.