LURSHAPHRANG SHONGWAN Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Petitioner, an advocate by profession, in order to show concern about wrong implementation of the provisions of the Motor Vehicles Act, 1988 [for short MV Act, 1988] has filed this petition stating therein that, by mistake, on 04.09.2017 he was not wearing his seat belt while driving his vehicle Alto 800 bearing registration number ML-05 P 3419, so a violation of sub-Rule (3) of Rule 138 of the Central Motor Vehicles Rules, 1989 [for short Rules of 1989]. Like him, there were number of violators. According to him, as he has specifically pleaded in paragraph 9 of his petition, all the violators along with him stood in a queue for paying fine imposed by the respondent No.4, without raising any protest or objection whatsoever.

(2.) The receipt issued to him revealed that a fine of Rs. 300/- had been imposed under Section 179 of the MV Act, 1988 which was wrongly applied. He had sought information from Rynjah Traffic Branch, East Khasi Hills District, Shillong about the fine imposed on all the violators who had not worn seat belt. The said information has been furnished to him. In the list of 13 violators which include his name at serial number 4 offences have been compounded. The said list reveals that in case of some violators Section 179 of the MV Act has been applied and Rs. 300/- fine each had been imposed whereas, in case of some violators Section 177 of the MV Act has been applied and fine of Rs. 100/- had been imposed.

(3.) His contention is that this was his first violation. The mistake committed, not wearing seat belt is punishable under Section 177 of the MV Act and maximum fine for the first offence is fine which may extend up to Rs. 100/-, and in case second time contravention, fine could be imposed extended up to Rs. 300/-. In the case of the petitioner, the amount of fine could be maximum Rs. 100/- and minimum Rs. 50/-.