Bhalchandra Transport Company, Hubli and Others vs State of Karnataka and Others

The petitioners are the fleet owners, transport contractors and commission agents and they are carrying on the inter-State transport business in India. They have invested a huge sum of money and hard labour in establishing their transport business. They possess all requisite permits. So far they have not violated any rules under the Motor Vehicles Act.

Mr. Jadhav, learned Counsel for the petitioners submitted that in spite of amendment to Section 114 of the Motor Vehicles Act, still the police are harassing and booking cases against the drivers on the ground that the transport vehicles are over-loaded. According to him, in view of the spirit of the amendment carried out to Section 114 of the Motor Vehicles Act, it is only the authorities concerning the Motor Vehicles Department are authorised to book the cases in case of violation of Section 113 of the Motor Vehicles Act. He further submits that in spite of amendment, the prosecutions have been launched by the police. As an example, he has produced one zerox copy which he affirms that it is the judgment in C.C. No. 597 of 1996 to show that the prosecution was launched for violation of Section 113 read with Section 194 of Motor Vehicles Act. Section 194 of Motor Vehicles Act pertains to punishment for violation of Section 114 of Motor Vehicles Act. Heard the Government Pleader also.

In the light of the submissions made by Mr. C.H. Jadhav, learned Counsel for the petitioners, Sections 113 and 114 of the Motor Vehicles Act are examined.

The point that arises for consideration is whether the police are authorised to book a case for violation of Section 113 of the Act. Before the amendment, any person authorised by the Government be it a police or an officer of the Motor Vehicle Department were empowered to book a case for violation of Section 113 of the Act. Section 35 of the Amendment Act has introduced the words "any officer of the Motor Vehicles Department authorised in this behalf by the State Government". This clearly means that the police are beyond the purview of interference. In otherwords, this means only the officers of the Motor Vehicles Department are authorised to book a case for contravention of Section 113 of the Act. The arguments of Mr. C.H. Jadhav is further strengthened by the notification dated 20-10-1995 as per Annexure-B, wherein in Item No. 7, the authorised persons for booking cases for violation of Section 113 read with Section 194 of Motor Vehicles Act, are the officers of and above the rank of Inspector of Motor Vehicles of the Motor Vehicles Department. So in view of this amendment, I am of the opinion that it is only the officers of the Motor Vehicles Department are authorised or empowered by the State Government to proceed against such persons who contravenes Section 113 of the Motor Vehicles Act. In other words, the police officers are not authorised to book cases for overloading. With these observations, the petitions are disposed of.