MUMABHAI SAGRAMBHAI JADAV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) XXX XXX XXX

(2.) XXX XXX XXX

(3.) The facts briefly stated are that the petitioner is the owner of Vehicle No.GJ -13 -AT 6163.When the said vehicle was being driven on 26th October, 2015, it was intercepted by the checking party of respondent No.2. The vehicle was found to be overloading. A notice dated 28th October, 2015 was issued to the petitioner by the competent authority alleging that the petitioner had committed breach of Section 113(3)(b) of the Motor Vehicles Act, 1988 and the petitioner was further called upon to show cause as to why registration of the vehicle should not be suspended. The order of suspension of registration came to be passed under purported exercise of powers under Section 53(1)(b) of the Act on the ground of overloading. (Para 3)