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2008 Supreme(Pat) 68

NAVANITI PRASAD SINGH
Munalal Sharma – Appellant
Versus
State Of Bihar – Respondent


Judgment

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 f





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