Judgment

CHINNAPPA REDDY, J.:- The Andhra Pradesh High Court has declared Section 129-A of the Motor Vehicles Act unconstitutional and void as offending Art, 19 (1) (g) of the Constitution of India. We may straightway say that the judgment of the High Court suffers from serious infirmities, not the least of which is the total failure to notice and consider the applicability of the provisions of the Code of Criminal Procedure to the situation.

2. On an oral application by the Advocate General, the High Court granted leave to appeal to the SC. Presumably, by leave the High Court meant a certificate as provided under the Constitution. The order of the High Court regarding the grant of leave to appeal to this Court is in the following terms: "An oral application for leave to appeal to the SC has been made by the learned Advocate General. The question whether S. 129-A of the Motor Vehicles Act is ultra vires the Constitution on the ground that it infringes Art. 19 (1) (g) of the Constitution relates to the interpretation of the Constitution and is also a substantial question of law of general importance, which requires to be decided by the SC. Therefore, we grant leave to appeal to the SC