TIRATH S. THAKUR, J.

( 1 ) THE petitioners in all these writ petitions are transport operators who have a common grievance to make. They contend that Police Officers who are checking their vehicles and demanding production of documents for commission of offences under the Motor Vehicles Act are not competent to do so nor do they check reports issued by them furnish a sound basis to the authorities for initiating any legal proceedings against them. They question the validity of the check reports and seek a writ of certiorari quashing the same besides a declaration to the effect that with the amendment of Section 130 of the Motor Vehicles Act, 1988, the Police Officers have ceased to have any power to check the vehicles in question or take any legal action or proceedings against the transport operators.

( 2 ) HEARD learned Counsel for the parties.

( 3 ) THE petitioners are entirely banking upon amendment to Section 130 of the Motor Vehicles Act 1988 in support of their case that the Police Officers have ceased to have any power to check their vehicles w. e. f. 14-11-1994 i. e. , the date the amendment came into force.

( 4 ) SECTION 130 of the Motor Vehicles Act, 1988, as the same stood before its amendment read thus:- (1) The driver of a motor vehicle in any public place shall, on demand by any police officer in uniform, produce his licence for examination:provided that the driver may, if his licence has been submitted to, or has been seized by, any officer or authority under this or any other Act, produce in lieu of the licence a receipt or other acknowledgement issued by such officer or authority in respect thereof and thereafter produce the licence within such period, in such manner as the Central Government may prescribe to the police officer making the demand. (2) The conductor, if any, of a motor vehicle in any public place shall, on demand by any police officer in uniform, produce his licence for examination; (3) The owner of a motor vehicle (other than a vehicle registered under Section 60), or in his absence the driver or other person in charge of the vehicle, shall on demand by a registering authority or any person authorised, in this behalf by the State Government produce the certificate of registration and the certificate of insurance of the vehicle and, where the vehicle is a transport vehicle, also the certificate of fitness referred to in Section 56 and the permit. Explanation - For the purposes of this sub-section, 'certificate of insurance ' means the certificate issued under sub-section (3) of Section 147. (4) If the licence referred to in sub-section (2) or the certificates or permit referred to in sub-section (3) as the case may be, are not at the time in the possession of the person to whom demand is made, it shall be a sufficient compliance with this section if such person produces the licence or certificates or permit within such period in such manner as the Central Government may prescribe, to the Police Officer or authority making the demand;provided that, except to such extent and with such modifications as may be prescribed, the provisions of this sub-section shall not apply to any person required to produce the certificate of registration or the certificate of fitness of a transport vehicle. "

( 5 ) BY Motor Vehicles Amendment Act, No. 54/1994, the provisions of sub-section (2) of Section 130 (supra), were amended to the limited extent of substitution of the term 'police Officer ' appearing in said provision by the words "any Officer of the Motor Vehicles Department Authorised in this behalf ". In sub-section (3) of Section 130, the term any person authorised in this behalf by the State Government was substituted by the words "or any other Officer of the Motor Vehicles Department duly authorised in this behalf ". The provisions of sub-section (2) and (3) as amended by the aforesaid Act now read thus:" (2) The conductor, if any, of a motor vehicle on any public place shall on demand by any Officer of the

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