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IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.Nagaresh
Vignesh – Appellant
Versus
State of Kerala, Represented By The Home Secretary – Respondent
JUDGMENT :
N. Nagaresh, J.
The petitioners are aggrieved by the act of the 7th respondent imposing fine on him under the provisions of the Motor Vehicles Act, 1988 . The petitioners are seeking for a declaration that respondents 6 and 7 and such officers who are Sub Inspector of Police (Grade) have no power to detect and compound offences under the Motor Vehicles Act, 1988 .
2. The petitioners state that motor vehicle offences can be compounded only by the officers notified under Section 200 of the Motor Vehicles Act, 1988 . Ext.P10 is the existing notification in this regard. As per Ext.P10, only Assistant Motor Vehicle Inspectors and officers of and above the rank of Sub Inspector in the Police Department and where there is no traffic branch, all officers of local police of the area of and above the rank of Sub Inspector of Police are competent to compound the offence punishable under various Sections of the Motor Vehicles Act. Exts.P11 and P12 Government Orders / communication would also indicate that Grade Sub Inspectors are not competent either to detect or to compound motor vehicle offences.
3. The Grade Sub Inspectors across Kerala State, however, are exercising jurisdiction and
Grade Sub Inspectors lack authority to detect and compound offences under the Motor Vehicles Act without proper statutory notifications, reaffirming the hierarchy of powers in law enforcement.
Only officers specified by government notification under Section 200 of the Motor Vehicles Act, 1988, can compound offences; Grade Sub Inspectors lack authority to do so.
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