SHILLONG: The High Court of Meghalaya has asked the Director General of Police, Meghalaya to instruct the officers dealing with traffic offences to adhere to the provisions of the MV Act, 1988 in its strict sense and while imposing fine, after applying the appropriate provisions of MV Act, 1988.
The Court asked the copy of the order to be sent to the DGP while hearing a writ petition filed by a lawyer Lurshaprang Shongwan
It may be mentioned that 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] had 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 his petition, all the violators along with him stood in a queue for paying fine imposed, without raising any protest or objection whatsoever.
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.
It is the contention of the lawyer that not only he but many others were subjected to the same treatment and it is only that situation which had prompted him to file this instant petition for reformation and correction of the system of imposing fine by the police.
On the other hand, according to Government Advocate , the traffic police is empowered vide notification No.TPT.115.82/Pt/164 dated 30.11.2011 to compound offences punishable under various Sections which include Sections 177 and 179 of the MV Act but while compounding, the amount of fine shall not be lesser than fifty per cent of the maximum fine prescribed for the offences committed.
The Court while hearing the petition also said that the Section 179 of the MV Act applied by the Police Officer (traffic) appeared to be due to sheer ignorance of law or due to misunderstanding of the provisions of law. The case of the petitioner, in view of his clear stand in paragraph 9 of the petition which has not been rebutted, attracts applicability of Section 177 of the MV Act, 1988 and his stance that it was his first mistake therefore, fine could be maximum Rs.100/- but when it was compounded it could be minimum Rs.50/- is quite genuine.
The Court said that The Police Officer (traffic) while imposing penalty upon the petitioner, has incorrectly applied Section 179 of the MV Act