A.K.MATHUR, S.C.PANDEY
NIKHATA AFROS – Appellant
Versus
UNION OF INDIA – Respondent
( 1 ) BY this petition, the petitioners have challenged the validity of S. 200 of the Motor Vehicles Act, 1988 (for short 'the Act') as ultra vires of the Constitution to the extent of authorising the State Government to fix the amount of the composition fees and to authorise any other officer subordinate to the permit granting authority for compounding the offence under S. 86 of the Act and also being violative of Art. 19 (1) (g) of the Constitution.
( 2 ) BRIEF facts giving rise to this petition are that petitioners 1 to 5 hold a regular All India Tourist Permit in respect of their vehicle No. M. P.- M. K. Q. 2644 and petitioners 6 to 10 are also holders of All India Tourist Permit for their vehicles. It is alleged that Tourist Vehicles are being checked up by subordinate officers of Transport and Police Departments and fine is recovered under threat of seizure of the vehicles on the spot notwithstanding the pleas that the vehicles are covered by All India Permit. It is submitted that the motor vehicles have been seized on the false pretext and owners of the motor vehicles are being coerced to submit for compromise and pay composition fee.
( 3 ) THE State Govt
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.