BHALCHANDRA TRANSPORT COMPANY HUBLI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioners are the fleet owners, Transport Contractors and Commission Agents and they are carrying on the Inter-State Transport Business in India. They have invested a huge sum of money and hard labour in establishing their transport business. They possess all requisite permits. So far they have not violated any rules under the Motor Vehicles Act.

(2.) MR. Jadhav, learned counsel for the petitioners submitted that in spite of amendment to S. 114 of the Motor Vehicles Act, still the police are harassing and booking cases against the drivers on the ground that the transport vehicles are overloaded. According to him, in view of the spirit of the amendment carried out to S. 114 of the MV Act, it is only the authorities concerning the Motor Vehicle Department are authorised to book the cases in case of violation of S. 113 of the MV Act. He further submits that in spite of amendment, the prosecutions have been launched by the police. As a sample, he has produced one zerox copy which he affirms that it is the judgment in CC 597/96 to show that the prosecution was launched for violation of S. 113 r. /w. S. 194 of MV Act. Section 194 of MV Act pertains to punishment for violation of S. 114 of MV Act. Heard the Govt. Pleader also.

(3.) IN the light of the submissions made by Mr. C. H. Jadhav, learned counsel for the petitioners, Sections 113 and 114 of the MV Act are examined.