ZIYAD RAHMAN A. A.
Fasaludheen A, Son Of Abdul Khader Kunju – Appellant
Versus
State Of Kerala – Respondent
ORDER :
In all these Crl.M.Cs. the respective petitioners are challenging the prosecution initiated against them by the Motor Vehicles Inspector, alleging the offences punishable under Sections 113(3)(b) r/w. Section 194(1) of the Motor Vehicles Act, 1988. The common allegation against the petitioners in all these Crl.M.Cs. are that they have carried the excess load in their goods carriages and thereby committed the offences. The petitioners are the drivers and registered owners of the respective vehicles.
2. Heard Sri.P.M.Ziraj, the learned counsel for the petitioners in Crl.M.C Nos.6645/22, 6716/22 and 6634/2022, Sri.K.Aboobacker Sidheeque, the learned counsel appearing for the petitioners in Crl.M.C No.6985/2022, 6986/2022 and 6979/2022, Sri.M.P.Prashanth, the learned Public Prosecutor appearing for the respondents in Crl.M.C Nos.6716/22, 6645/2022, 6986/2022 and 6985/2022, Smt. Sreeja V, the learned Senior Public Prosecutor appearing for respondents in Crl.M.C.No.6634/2022 and Sri.Sangeetharaj N.R., the learned Public Prosecutor appearing for the respondents in Crl.M.C.No.6979/2022.
3. Since the common legal contentions are raised in all these Crl.M.Cs., I am not dealing with the
In Section 114 of Motor Vehicles Act, manner of dealing with vehicles carrying excess load is specified.
Section 66 of the Motor Vehicles Act does not indicate that it would have to be notified separately in the gazette. The said provision being a part and parcel of the Motor Vehicles Act, 1988 therefor....
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