CHARANJIT SINGH Vs. STATE OF DELHI

JUDGEMENT

(1.) To encourage tourist transport in India, section 63(7) of the Motor Vehicles Act, 1939 has been inserted in the Act to provide for the issue of permits in respect of tourist vehicles. In view of the growing importance of tourist traffic the ascertainment of the scope of the permit issued for a tourist vehicle has become important. It is this question which arises in this writ petition.

(2.) The petitioner is the holder of a permit valid for the States of India mentioned therein in respect of a tourist vehicle plied by him. The permit has been issued to him by the State of Nagaland in 1979 under section 23(7) of the Motor Vehicles Act. The petitioner is, however, plying the vehicle between Delhi and Agra and Delhi and Jaipur, but not between Nagaland and Delhi and vice-versa. A prosecution has been launched against him under section 124 of the Act for plying his vehicle without a valid permit.

(3.) This writ petition challenges the validity of the prosecution on the ground that the petitioner holds a valid permit for plying between Delhi and Agra or Delhi and Jaipur. The petitioner contends that he is not required to ply between Nagaland and Delhi and Vice-versa. It is true that such objection could have been raised by the petitioner in the criminal prosecution itself and the petitioner would also have had the remedy of appeal in case the petitioner was convicted. However, the respondents did not raise this objection to our entertaining the writ petition. Further, the question of the right of the petitioner to ply the vehicle and his liability to be prosecuted under section 123 of the Act depends purely on the construction of the conditions of the permit and the provisions of the Motor Vehicles Act. We, therefore, entertained the writ petition, allowed the pleadings to be filed and heard the learned counsel for the petitioner and the respondents. We dispose of the contentions of the petitioner below: