OM PARKASH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner Shri Om Parkash has challenged the validity of sect-ion 127-B of the Motor Vehicles Act (for short the Act), which empowers specified officers to compound certain offences under the Act. The legality of Notification No. SECE-3 (42)/82/TPT/13197, dated the 1st, October, 1981 issued by the Administrator of the Union Territory of Delhi under Subsection (1) of section 127-B of the Act authorising Police Officers not below the rank of Sub Inspector in the Delhi Traffic Police to compound the said traffic offences, has also been challenged.

(2.) According to the petitioner he is a driver employed by M/s Nand Lal Ramesh Kumar. Transporters of Delhi On 16th November 1983 while driving a truck of his employers he was apprehended by the Police Officer he was falsely challaned under section 81 of the Act and a fine of Rs. 100/- was imposed on him by that officer. It is his case that he had protested and had sought that he be tried in accordance with law but his request was not acceded to. The factual averments are contained in paragraph 2 of the petition which reads as follows:

(3.) According to the petitioner, own showings, the receipt which was issued to him shown that the amount paid by him was by way of compounding amount. (A photo copy of receipt No. 198348 dated the 16th November, 1983 has bean annexed as annexure 'B' to the petition).