D S RAMACHANDRA REDDY Vs. UNION OF INDIA

JUDGEMENT

(1.) APPELLANT, who is a practising advocate, has filed this appeal assailing the judgment of the learned single judge refusing to grant interim relief and disposed of the petition on merits.

(2.) THOUGH the matter is coming up for preliminary hearing, by consent, we have heard the learned counsel on both sides, on the merits of the matter and disposed of the same by this judgment.

(3.) THE brief facts of the case are, the appellant is the owner of a hero honda vehicle bearing registration No. Ka-o4-h-236. On 23-7-1994 while the appellant was coming on the bannerghatta road in Bangalore, the 5th respondent stopped the vehicle and asked him to produce the driving licence, insurance certificate, registration certificate, etc. As he was not carrying the said documents, he could not produce the same, when demanded. The appellant received a notice in form No. 298 (vii) stating that he had violated the Provisions of the motor vehicles act and directed him to appear before the traffic court on 30-7-1994. The appellant while challenging the said notice, sought a writ in the nature of mandamus striking down section 130 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the act') insofar as it relates to the production of the driving licence, immediately on demand made by the police officer in uniform, as unconstitutional. consequently, he sought for quashing of notice in Annexure-A dated 23-7-1994.