GEORGE AND SONS Vs. UNION OF INDIA

JUDGEMENT

(1.) The question arising for consideration in these writ petitions is as to whether the State Government in the Departments of Police or Motor Vehicles are legally authorised to penalise owners of motor vehicles who are maintaining the "Standards of Visual Transmission of Light (VLT)" as specified under Rule 100 of the Central Motor Vehicles Rules, 1989 ('CMV Rules', for short) as amended with effect from 1/4/2021, by using "Safety Glazing" conforming to the standards stipulated under the Indian Standard; IS.2553 (Part 2) (First Revision); 2019.

(2.) In W.P.(C) No.23146/2022, the 1stpetitioner is a Partnership Firm. The 1stpetitioner is the sole distributor for the State of Kerala for products manufactured by M/s.Garware Hi-Tech Films Limited, Aurangabad, Maharashtra. The 2ndpetitioner is a citizen who was imposed with a fine of ?250/- as per Ext.P8 challan issued by the 5 th respondent-AMVI, alleging non-compliance of the standards of VLT for the wind screen or window glasses of his vehicle (motor car) bearing registration No.KL-39M-7002.

(3.) The petitioners in W.P.(C) No.28289 of 2022 are aggrieved by the action of the Regional Transport Officer in issuing notices threatening cancellation of their registration on the ground that their shops are selling vehicle accessories and affixing sun films in motor vehicles causing alteration, in violation of Ss. 52 and 182A(4) of the Motor Vehicles Act, 1988.