Registrar General, High Court Of Meghalaya vs State Of Meghalaya & Ors

Pursuant to the order dated 21st April, 2026, Mr. Kumar, learned Advocate General has tendered a status report on behalf of the respondent-State and the same is taken on record. The said report is signed by the Commissioner of Transport, Government of Meghalaya, Shillong. Paragraph 10 of the said report reads thus:

"10. That it is pertinent to note that between the period from April 2025 to February 2026, a total of 2,030 vehicles have transported a quantity of 25,902 MT of minor minerals, indicating that an average of less than 7 (seven) vehicles per day crossed the roads for transportation in Jaintia Hills Territorial Division (covering the Amlarem/ West Jaintia Hills portion of the route)."

The aforesaid statement made by the Commissioner of Transport in the said status report is completely contrary to the chart annexed by the Commissioner at page 29. When the Advocate General was confronted with the said discrepancy, he sought time to take instructions. Prima facie, it appears that there is an attempt to mislead the Court with respect to the aforesaid data, which is mentioned in paragraph 10 of the said report vis-à- vis the chart annexed as annexure-6 at page 26. It also appears from the said status report, in particular page 49 of the said status report, that certain vehicles were found violating provisions of Sections 192, 190(2) and 179 of the Motor Vehicles Act, 1988 and that the said vehicles have been fined and offences compounded. It also appears that no prosecution has been lodged against any of the vehicles, who were found violating the law, between the period 22nd April, 2026 and 25th April, 2026. Atleast, the affidavit nor any document reveal the same. There is no data submitted with respect to whether the said vehicles that were fined were first-time offenders/repeat offenders. Learned Advocate General to inform this Court whether there is a data bank of registered vehicles with the Transport Department; whether there is any data maintained with respect to the fines imposed in the data system, so as to know whether the vehicles are first-time offenders/repeat offenders.

At this stage, learned Advocate General seeks time to file affidavit-in-replies of the respective departments. The affidavits to be filed in the Registry on or before 4th May, 2026.

Dr. Mozika, learned DGSI has also tendered a status report on behalf of the BSF in compliance with the order dated 21st April, 2026. The said status report is also taken on record. In paragraph 10 of the said status report, it is stated as under:

"10. It is submitted that the main task of BSF is to provide security. It has no role in documentation of export/import, as well as issuance and checking of driving licenses, PUC certificate, fitness certificate of the vehicles including the load, as BSF is not empowered to check the above documents under any law to do so, as already directed vide Hon'ble court order dated 28.09.1999 and mentioned in the letter issued by the Commissioner of Customs, Shillong, Meghalaya on dated 27.11.2003 regarding the role of the BSF at the Land Customs Stations."

Learned DSGI also seeks time to file an affidavit-in-reply on behalf of the Land Customs Station. Time granted. Affidavit to be filed in the Registry latest by 4th May, 2026.

Considering the issues raised, we deem it appropriate to appoint Mr. Philemon Nongbri, as Amicus to assist the Court. A copy of the petition along with the orders and the status reports tendered today by the learned Advocate General and learned DSGI to be served on Mr. Philemon Nongbri during the course of this week to enable him to go through the same. Copy of the affidavits to be filed, also to be served on Mr. Nongbri by 4th May, 2026.

The Commissioner of Transport and the Secretary, Forest Department to remain present on the next date.

Stand over to 6th May, 2026.