SANJIV SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) On 26th February, 2000, the petitioner was driving his Car bearing registration No. HP-09-0050 on his way to Chandigarh from Shimla. His vehicle was checked by Head Constable Abhimanu and it was found that he was not carrying a valid "Pollution under Control" Certificate. The one he was carrying had expired. He was challanged and produced before the learned Chief Judicial Magistrate, Shimla on the spot. The learned Chief Judicial Magistrate imposed a penalty of Rs. 400/- upon the petitioner. The amount of fine was deposited, on the spot, with the officials of the Court of the learned Chief Judicial Magistrate.

(2.) The case of the petitioner is that he was challanged without following the procedure as provided under Chapter V of the Central Motor Vehicles Rules, 1989. It is also the case of the petitioner that he requested the concerned police officer that his vehicle should be got tested, as per Rule 116 of the Motor Vehicles Rules, 1989, or in the alternative he should be granted time to get his vehicle checked from the competent Agency, authorized by the State Government and produce the certificate before the authority. It is his case that after having paid the fine imposed upon him he get his vehicle checked on the same day at Solan. The emission was found within permissible limits, as provided under Rule 115 of the Motor Vehicles Rules and obtained "Pollution under Control" certificate.

(3.) The petitioner challenges his prosecution and imposition of fine, on the ground that such action was illegal, arbitrary, discriminatory and not in accordance with the provisions of Motor Vehicles Act, 1988 read with the The Central Motor Vehicles Rules, 1989 and the Himachal Pradesh Motor Vehicles Rules, 1999.