By Our Reporter
SHILLONG, April 28: The High Court of Meghalaya on Tuesday observed that the Commissioner of Transport may have tried to mislead the court with data and statements in the matter of heavy motor vehicles engaged in the transportation of boulders and other minerals toward the Bangladesh border, particularly along NH-206, in violation of the law.
Pursuant to an April 21 order, Advocate General Amit Kumar tendered a status report on behalf of the state. The court took the report signed by the Transport Commissioner on record.
Paragraph 10 of the said report reads: “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, Serial No.01 Daily List Page 2 of 4 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,” the Division Bench comprising Chief Justice Revati Mohite Dere and Justice Hamarsan Singh Thangkhiew said.
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,” the court added.
According to the court, it also appeared from the said status report, page 49 in particular, 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 appeared that no prosecution has been lodged against any of the vehicles found violating the law between April 22 and 25.
Neither the affidavit nor any documents reveal the same, the court said.
There was no data submitted with respect to whether the said vehicles that were fined were first-time offenders/repeat offenders, the court said.
The Advocate General was directed to inform the 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, to know whether the vehicles are first-time offenders/repeat offenders.
At this stage, Advocate General sought time to file an affidavit-in-reply of the respective departments.
Nitesh Mozika, DGSI, tendered a status report on behalf of the BSF in compliance with the April 21 order. This status report was also taken on record.
The DSGI also sought time to file an affidavit-in-reply on behalf of the Land Customs Station, and time was granted.
Considering the issues raised, the court deemed it appropriate to appoint Philemon Nongbri as Amicus to assist the court.
The Commissioner of Transport and the Secretary, Forest Department, were directed to remain present on the next date of hearing on May 6.
