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HIMACHAL PRADESH HIGH COURT
Tarlok Singh Chauhan, J
Dr. Sanjiv Sharma v. State of H.P. and Another
| Table of Content |
|---|
| 1. petitioner challenged penalty for not having a pollution control certificate. (Para 1 , 2 , 3) |
| 2. respondents argued the mandatory need for a valid certificate. (Para 4 , 5) |
| 3. court emphasized compliance with procedural steps for penalties. (Para 6 , 10) |
| 4. explored necessity of testing vehicle prior to penalties. (Para 11 , 12 , 13) |
| 5. court ruled penalty was improperly imposed. (Para 14 , 15) |
| 6. final ruling set aside penalty and instructed for a refund. (Para 16 , 17 , 18 , 19) |
1. On 26th February, 2000, the petitioner was driving his Car bearing registration No. HP-09-0050 on his way to Chandigarh from Shimla. His vehicle was checked by Head Constable Abhimanu and it was found that he was not carrying a valid "Pollution under Control" Certificate. The one he was carrying had expired. He was challanged and produced before the learned Chief Judicial Magistrate, Shimla on the spot. The learned Chief Judicial Magistrate imposed a penalty of Rs. 400/- upon the petitioner. The amount of fine was deposited, on the spot, with the officials of the Court of the learned Chief Judicial Magistrate.
2. The case of the petitioner is that he was challanged without following the pr
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