NIKHATA AFROS Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition, the petitioners have challenged the validity of S. 200 of the Motor Vehicles Act, 1988 (for short 'the Act') as ultra vires of the Constitution to the extent of authorising the State Government to fix the amount of the composition fees and to authorise any other officer subordinate to the permit granting authority for compounding the offence under S. 86 of the Act and also being violative of Art. 19(1)(g) of the Constitution.

(2.) Brief facts giving rise to this petition are that petitioners 1 to 5 hold a regular All India Tourist Permit in respect of their vehicle No. M. P. - M. K. Q. 2644 and petitioners 6 to 10 are also holders of All India Tourist Permit for their vehicles. It is alleged that Tourist Vehicles are being checked up by subordinate officers of Transport and Police Departments and fine is recovered under threat of seizure of the vehicles on the spot notwithstanding the pleas that the vehicles are covered by All India Permit. It is submitted that the motor vehicles have been seized on the false pretext and owners of the motor vehicles are being coerced to submit for compromise and pay composition fee.

(3.) The State Govt. has issued a circular in exercise of its powers conferred under S. 200(1) of the Act, whereby they have laid down the fee for compounding. In case of breach of condition of permit under S. 192-A of the Act, all powers have been conferred on the Sub-Inspectors of Police of Traffic Branch and they can compound the breaches up to the extent of Rs. 1,000.00; for light motor vehicles, Rs. 200.00, for medium passenger vehicles Rs. 500.00 and for heavy motor vehicles Rs. 1,000.00. It is this Notification and coercive compounding of the breaches that have been sought to be challenged by the petitioners in this petition and, therefore, they have challenged the validity of S. 200 of the Act.