JUGAL KISHORE Vs. STATE OF U P

JUDGEMENT

(1.) WHEN these petitions were filed, this Court directed the learned Standing Counsel to file counter affidavit on behalf of the respondents. In pursuance of those orders respondents have filed a counter affidavit in Civil Misc. Writ Petition No. 30122 of 1994. Learned Standing Counsel submitted that since the stand taken by the respondents is identical in all the writ petitions the counter affidavit filed in Writ Petition No. 30122 of 1994 may be read in all the petitions in which counter affidavits had been called for. Learned Counsel for the petitioner does not propose to file any rejoinder affidavit. Learned counsel for the parties are agreed that these petitions may be disposed of at (he admission stage. Accordingly, we propose to decide all these petitions finally.

(2.) THESE petitions can be split into three sets of writ petitions The first set consists of writ petitions No. 30109 of 1994, 30122 of 1994, 30135 of 1994, 30149 of 1994, 30151 of 1994, 30317 of 1994, 30670 of 1994, 31034 of 1994, 31131 of 1994, 31123 of 1994, 3I124of 1994, 31125 of 1994, and 31129, of 1994 and 30933 of 1994 the second set of writ petitions are 30111 of 1994, 31318 of 1994 and the third set of writ petition are 30016 of 1994 & 30676 of 1994.

(3.) SECTION 207 of the Motor Vehicles Act 1988 (hereinafter referred to as the Act) provides that any police officer or person so authorised in this behalf by the State Government may, if he has reason to believe that a motor vehicle has been or is being used In contravention of the provisions of SECTION 3 or SECTION 4 or SECTION 40 or without the permit required by sub-section (1) of section 66 or in contravention of any condition of such permit relating to the route on which or the area in which or the purpose for which the vehicle may be used, seized and detain the vehicle. It may be seen, there are three situations where a vehicle may be seized and detained, firstly when he has reason to believe that the motor vehicle has been used in contravention of the provisions of SECTION 3 or SECTION 4 or SECTION 39 of the Act, secondly, when the vehicle has been or is being used without permit required by sub-section (1) of SECTION 66 of the Act and thirdly, when the vehicle has been or Is being used in contravention of any condition of such permit relating to the route on which or the area in which or the purpose for which the vehicle may be used, seize and detain the vehicle. Thus a police officer or person authorised can exercise power of seziure and detention in three situations, namely when he has reason to believe that the motor vehicle has been used in contravention of the provisions of SECTION 3 or SECTION 4 or SECTION 39 of the Act, secondly when the Vehicle has been or is being used without permit required by subsection (1) of section 66 of the Act and thirdly when the vehicle has been or is being used in contravention of any condition of such permit relating to the route on which or the area in which or the purpose for which the vehicle may be used. SECTIONs 177 to 210 (Chapter XIII) of the Act lay down that contravention of any provision of the Act or of any rule, regulation or notification made thereunder shall constitute an offence and provide the penalities for the offences so committed and the procedure therefor. Under SECTION 192 of the Act the offence committed by driving a motor vehicle or causing or allowing a motor vehicle to be used in contravention of the provisions of section 39 or without the permit required by sub-section of section 66 or in contravention of any condition of such permit relating to the route on which or the area in which or the purpose for which the vehicle may be used or to the maximum number of passengers and maximum weight of luggage that may be carried on the vehicle, is punishable for the first offence with fine which may extend to two the thousand rupees and for any second or subsequent offence with imprisonment which may extend to six months or with fine which may extend to three thousand rupees, on with both with the proviso that no Court shall, except for reasons to be stated in writing, impose a fine of less than five hundred rupees for any such second or subsequent offence. SECTION 200 (1) of the Act provides that any offence whether committed before or after the commencement of this Act punishable under SECTION 177, section. 178, SECTION 179. SECTION 180,. SECTION 181, section 182, sub-section (1) of sub-section (2) of section 183, SECTION 184, SECTION 187, SECTION 189, SECTION 191, SECTION 192, SECTION 194, SECTION 196 or SECTION 198 of the Act may either before or after the institution of the prosecution, be compounded by such officers or authorities and for such amount as the State Government may by notification in the Official Gazette specify in this behalf. SECTION 200 (2) of the Act further provides that where an offence has been compounded under sub-section (1), the offender, if in custody, shall be discharged and no further proceedings shall be taken against him in respect of such offence.