JUDGMENT

Rajendra Babu, J.-A batch of writ petitions was filed before the High Court of Madhya Pradesh challenging the constitutional validity of Sections 16(6), (7) and (8), 20-A and 20-B of the Madhya Pradesh Motoryan Karadhan Adhiniyam, 1991 [hereinafter referred to as the Act ], inserted by the Madhya Pradesh Motoryan Karadhan [Sanshodhan] Adhiniyam, 1999 [hereinafter referred to as the Amendment Act ], published in the official Gazette on 8.12.1999 received the assent of the Governor on 30.11.1999.

2. The Petitioners before the High Court contended that Sections 16(6), (7) and (8), 20-A, 20-B and 20-C of the Act are repugnant to the Motor Vehicles Act, 1988 [hereinafter referred to as the MV Act ] enacted by Parliament in exercise of its powers under Entry 35, List III of the Seventh Schedule to the Constitution, which has been in force since 1st July 1989; that the amendments introduced by Act 27 of 1999, by which the impugned provisions are introduced in the Act, deal with the subject-matter covered by Section 66 read with Section 192-A of the MV Act; that the impugned provisions provide for confiscation of the vehicle thereby enhancing the penalty provided by the MV Act wh