D P SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The constitutional validity of Section 207 of the Motor Vehicles Act, 1988 (hereinafter called 'the Act') has been challenged in these writ petitions mainly on the ground of its being violative of Articles 14 and 19 of the Constitution of India. It is further submitted that in the absence of rules as contemplated under the section, the provisions are unworkable. A declaration is sought to the effect that till rules as per sub-section (14)(a) of Section 88 of the Act are not framed, the respondents be restrained from seizing and detaining tourist vehicles of the petitioners and others. Direction is sought against respondents 3 and 4 and their subordinate checking officers not to compel the compounding fee for the offences which fall at Item No. 10 of the notification dated 25-10-1990 issued in FTD 18 TMR 89 at the place of seizure of the vehicle. It is further prayed that respondents 3 and 4 be directed to refund the compounding fee so far collected from the drivers of the tourist vehicles.

(2.) In view of the fact that constitutional validity of Section 207 of the Act was challenged and further reliefs prayed for in the light of the said challenge, the learned Single Judge vide his order dated 17-2-1994 referred these petitions to a Division Bench in terms of Section 9 of the Karnataka High Court Act, 1961.

(3.) The learned Counsel appearing for the parties, admitted that the petitioners were entitled to various reliefs consequent upon the interpretation of Section 207 and the examination of its constitutional validity. It is submitted that once the provisions of the offending section are held to be intra vires the petitioners may not be in a position to the grant of consequential reliefs as prayed for by them in these petitions.