RAJENDRAKUMAR SHARMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Special Criminal Application No.807 of 1999 is filed by 12 petitioners. I do not find any order on record of this petition where this court has directed the petitioners to file individual petition but the individual petitions have been filed by petitioner Nos. 2 to 12 which are Special Criminal Application Nos.851 of 1999 to 861 of 1999. In view this fact all these matters are taken up for hearing together and are being decided by this common order.

(2.) The facts of the case are taken from Special Criminal Application No.807 of 1999 as are given in this petition. Other petitions are one page petitions. In these petitions the petitioners are praying for issuance of writ of certiorari and/or any other appropriate writ, order or direction, restraining the respondents from compelling the petitioners to compound the offences for breach of Rule85(9) of Central Motor Vehicles Rules, 1989. These writ petitions are not well drafted. These are lacking in all material details and facts. Even it is not given out what is the nature of the permit which was granted to the petitioners. Not only this, the copy of the permit is also not produced on the record, meaning thereby everything has to be guessed and decided by this court.

(3.) Having heard learned counsel for the parties and talking to the Secretary, Transport Department, Gandhinagar on 12.12.2000 I find that the petitioners are having the permits in respect of tourist vehicles. Subsection (9) of Section 88 of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act) provides that