RAJESH KUMAR Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The petitioner is the owner of Auto Rickshaw bearing no. DL 1RP 5127 (TSR) and holder of permit bearing no. DL 1 RP 5127. For violation of licence/permit rules, the vehicle of the petitioner was challaned on 28.06.2014. The petitioner appears to have been prosecuted for such violation of provisions of Motor Vehicles Act (hereinafter referred as 'MV Act') and was slapped with a fine of Rs.3,000/- by the learned Metropolitan Magistrate, Tis Hazari Courts, Delhi. The learned Metropolitan Magistrate directed for release of the vehicle of the petitioner on payment of the aforesaid fine.

(2.) The vehicle of the petitioner, though, was released but the documents namely permit and registration papers were held back. The petitioner was handed over a show cause notice under Section 86 of the MV Act, 1988.

(3.) The notice under Section 86 of the MV Act reads as follows: NOTICE UNDER SECTION 86 OF M.V. ACT, 1988 Whereas it has been reported that vehicle No.DL1RP5127 (TSR) plying under route No. Under State Permit/State Carriage Permit No.____________ valid upto ___________ committed traffic violation of permit violation was prosecuted vide challan No-25680057 on 28-Jun-14 by TI INSPR BHAGWAN SINGH in the area of CIVIL LINES circle Delhi. MM Delhi has imposed a fine of Rs.3,000/- on the driver.