Enforcement Officers cannot detain a vehicle beyond twenty-four hours without following the scheme of law under the Motor Vehicles Act.

1. The petitioner was the driver of a public carrier vehicle who was in interstate movement alongwith his public carrier vehicle. His vehicle was stopped and papers demanded. Allegedly, he was unable to produce all papers. Thus, the vehide was detained by the Enforcement Officer. For five days, the vehicle remained detained. Neither any prosecution was launched for a motor vehicle offence nor any proceeding recorded and initiated for compounding of offences alleged to have been committed. A complaint was then made to the State Transport Commissioner with regard to illegal detention of the vehicle. Immediately on the complaint being made, the Enforcement Officer accepted the compounding fee of Rs. 5,500.00 and released the vehicle which had been detained for over five days. The petitioner then moved this Court making a grievance that invariably vehicles are arbitrarily detained and neither prosecution launched nor offences compounded. It causes them loss and unless illegal demands of Enforcement Officers are satisfied even compounding money is not accepted for a long time. They ply public carrier commercial vehicle and everydays detention causes them irreparable loss apart from likelihood of damage to the goods being caused. There is a circular issued by the State Government dated 28.6.2000 (Annexure-B to the counter affidavit) wherein it is provided that if the vehicle is detained for any alleged motor vehicle offence by any police officer or Enforcement Officer, such detention cannot exceed twenty four hours. Either within twenty four hours, the matter must be compounded or on failure to complete process of compounding within twenty four hours, the matter must be immediately reported to the Criminal Court for prosecution but in either case, the Enforcement Officer cannot detain the vehicle beyond twenty four hours. Petitioner submits that though this is a Circular of the State Government and is binding on its officers including the Enforcement Officers as notified by the State Government under the Motor Vehicles Act, it is obeyed more in breach than in substance, if not totally ignored and consigned to the dustbin by the Enforcement Officers. The present case is illustrative of the same. It is submitted that unless the arbitrary power to indefinitely detain vehicles is not restricted, the power would be abused more than used leading to harassment to the public and undue enrichment to the Officers. In the counter affidavit, it is pointed out by the State that even the Transport Commissioner has found that whenever raids had been conducted in the places where Enforcement Officers are operating, substantial unaccounted money have been recovered. It is also stated that request of the State Transport Commissioner to depute officers for surprise raids have been turned down by the State on the plea that they have insufficient staff. At this juncture, the Court could only observe that when it comes to coercing and extracting money, as noticed by the Transport Commissioner, there appears to be no shortage of officers but when it comes to nefarious activities, the State takes the plea of lack of officers. This is regrettable in a democratic society. In substance, the petitioner wants a direction from this Court that the Circular issued by the State be obeyed and enforced unscrupulously for if it is not so done then the power will not be used but abused rampantly as is happening.

2. In my view, it is first necessary to note some of the features of the Act and the fact which would now show that the grievance of. the petitioner is not unfounded. The Motor Vehicles Act provides for penalties. The penalties under the Act are only imposable by Criminal Courts. No administrative/executive authority under the Act including Enforcement Officers have the authority to impose any penalty. The provisions with regard to imposition of penalty confers jurisdiction to do so only on Criminal Courts. Therefore, one thing is clear that if a motor