SHILLONG: The High Court of Meghalaya has asked the Director General of Police to instruct the officers dealing with traffic offences to strictly adhere to the provisions of the MV Act, 1988, while compounding penalty.
A writ petition was filed by advocate Lurshaprang Shongwan, who was fined Rs 300 instead of Rs 100 for not wearing seat belt.
The receipt issued to him revealed that a fine of Rs300- had been imposed under Section 179 of the MV Act, 1988 which was wrongly applied. He had sought information from Rynjah Traffic Branch about the fine imposed on all the violators who had not worn seat belt.
Different amount as fine was imposed on the traffic violators.
It was the contention of the lawyer that not only he but many others were subjected to the same treatment and he filed the petition for reformation and correction of the system.
According to the government advocate , the traffic police is empowered 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 percent 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) appears to be due to sheer ignorance of law or due to misunderstanding of the provisions of law.
The court said that the police officer (traffic) while imposing penalty upon the petitioner, has incorrectly applied Section 179 of the MV Act instead of 177.
The contention of the petitioner was that this was his first violation and the mistake of not wearing seat belt is punishable under Section 177 of the MV Act and maximum punishment for the first offence is fine which may extend up to Rs.100 and in case there is offence for the second time, fine could be imposed extended up to Rs 300.
In the case of the petitioner, the amount of fine could be maximum Rs 100 and minimum Rs 50.