Rules 115 and 116 of the CMV Rules are independent of each other, and Motor Vehicle Officers have the power to challan motorists for violating Rule 115 without following the procedure laid down under Rule 116.

( 1 ) THIS appeal is directed against thejudgment dated 5/12/1995 passed by the learned Metropolitan Magistrate, Delhi acquitting the respondent for offenceunder section 190 (2) of the Motor Vehicles Act, 1988. Brieflythe facts are that the respondent had been summoned under section 2:) Criminal Procedure Code. on me allegation that on 21/07/1995 atabout 9. 55 A. M. he was fomia driving vehicle No. DL-2cd 2892at the Raja Garden Chowk, New Delhi The vehicle driven by therespondent was found emitting excessive smoke density in violation of Rule 115 of the Central Motor Vehicles Rules, 1989hereinafter referred to as the CMV Rules ). The respondent pleaded not guilty and claimed trial. On checking for pollution thevehicle driven by the accused was found to be emitting smokedensity of Carbon Monoxide 5. 7 per cent which is far in excessto the standard prescribed in sub-rule (2) of Rule 115 accordingto which it should not exceed 3 per cent by volume.

( 2 ) ON facts there is no dispute in this case because in hisstatement under section 313 Criminal Procedure Code. the accused admitted thathe was driving the Maruti Van No. DL-2cd 2892 and pollutionof the same was checked and was found as per the meter to be6 5. 7 per cent smoke density. The learned Metropolitan Magistrateacquitted the accused purely on the basis of a construction ofrules 115 and 116 of the CMV Rules. The learned counsel forthe appellant has challenged the interpretation placed by thelearned Metropolitan Magistrate on the said Rules and the reasoning contained in the impugned judgment. Since a pure question of law regarding interpretation of the said Rules is involvedit will be appropriate to reproduce the relevant portoions of therules:

115. Emission of smoke, vapour, etc. from motor vehicles:- (1) Every motor vehicle other than motor cycles ofengine capacity not exceeding 70 cc, manufactured prior to the first day of March 1900, shall bemaintained in such condition and shall be so drivenso as to comply with the standards prescribed in these rules; (2) On and from the date of commencement this subrule, every motor vehicle shall comply with thefollowing standards:- (a) Idling, CO (Carbon Monoxide) emission limitfor all four-wheeled petrol-driven vehicles shallnot exceed 3 per cent by volume; (b) Idling CO emission limit for all two and three-wheeled petrol-driven vehicles shall not exceed4. 5 per cent by volume; (c) Smoke density for all diesel-driven vehicles x x x. (3) x x x (4) x x x (5) x x x (6) x x x (7) After the expiry of a period of one year from theday on which the motor vehicle was first registered,every such vehicle shall carry a valid pollutionunder Control certificate issued by an agencyauthorised for this purpose by the State Government. The validity of the certificate shall be forsix months or any lesser period as may be specifiedby the State Government from time to time andthe certificate shall always be carried in the vehicleand produced on demand by the officers referredto in sub-rule (1) of Rule 116. (8) The certificate issued under sub-rule (7) shall,while it remains effective be valid throughout India. Rule 116. Test ofr smoke emission level and Car-bon Monoxide level for vehicles :- - (1) Notwithstanding anything contained in sub-rule (7) of Rule 115 any officer, not below the rankof Sub-Inspector of Police or the Inspector ofmotor Vehicles who has reason to believe that amotor vehicle is not complying with the provisionsof sub-rule (2) or sub-rule (7) of Rule 115, mayin writing direct the driver or any person inchargeof the vehicle to submit the vehicle tor conductingthe test to measure the standards of emission illanyone or the authorised testing stations, and produce the certificate to an authority at the addressmentioned in the written direction within sevendays from the date of conducting the check. (2) The driver or any person in-charge of the vehicleshall upon such direction by the officer referred toin sub-rule (1) submit