VISWANATHAN Vs. S I OF POLICE

JUDGEMENT

(1.) This petition is filed with a prayer to quash Annexure 1. Annexure A1 is the registration of the crime for driving a scooter in a drunken stage thereby attracting the offences under Sections 184 and 185 of the Motor Vehicles Act. In order to sustain an offence under these sections the first condition to be satisfied is that it should be a motor vehicle. The learned Counsel for the petitioner submits before me that the vehicle involved in the incident is a BSA Street Rider that is a electrical two-wheeler without pedal assistance. It is also seen that the vehicle has 30 minutes power of only 0.223 KW. It is also stated in the Test Report 8 conclusion that the test vehicle model BSA Street Rider does not deem to be a motor vehicle for compliance to CMVR requirements as per the exemption criteria specified. In order to satisfy that it is a motor vehicle, it has to be decided whether it comes within the ambit of the definition of the motor vehicle as enumerated under Section 2(28) of the Motor Vehicles Act, 1988.