Advocates:
['ARUN BRAS DE SA', '', 'SHRI AJEET SINGH RANE SARDESAI', 'AJEETSINGH W RANE SARDESSAI']

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IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL WRIT PETITION NO. 119 OF 2009

Ravi Somani

S/o Sh.Shree Kishan Somani,

R/o E 1/12 Vasant Vihar,

New Delhi,

Director of M/s. Utsav Safety

Systems Private Ltd.

E 1/12 Vasant Vihar,

New Delhi 110057. ... Petitioner

versus

1. State of Goa,

through SHO,

P.S. Margao Town Police

Station.

2. Shri Arvind D. Lolienkar,

Director of Transport and

Ex-Officio, Joint Secretary

to the Government of Goa,

Panaji.

3. Shimmit Utsch India Pvt.

Ltd. Registered Office at

8^th floor, Regent Chambers,

Nariman Point,

Mumbai – 400 002 and

Branch Office at 13/394,

Dukes Villas, Ground floor,

Near Goa Marriott Resort,

Miramar, Panaji, Goa-403 001,

rep. Through Mr. Ayan Ghosh. ... Respondents

Shri D. P. Singh, Advocate for the Petitioner.

Shri C. A. Ferreira, Public Prosecutor for the State.

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Shri N. Sardessai, Advocate for the Respondent No.3.

CORAM : N. A. BRITTO, J.

DATE : 10TH NOVEMBER, 2010.

JUDGMENT

Rule. By consent heard forthwith.

2.

The petitioner is the promoter and Director of

M/s. Utsav Safety Systems Private Limited and is a manufacturer

of registration number plates for motor vehicles.

3.

In this petition, the petitioner seeks the quashing of

F.I.R. No.319/2009 registered against the petitioner under Sections

418, 420, 471 r/w 34 I.P.C. Some facts need to be stated to

understand the controversy and to dispose off this petition.

4.

The Respondent No.3 is also a manufacturer of

number plates. Respondent No.3 has entered into a concession

agreement dated 29-2-2008 with Respondent No.1 for

implementation of Rule 50 of the Central Motor Vehicles Rules,

1989 in the State of Goa. The complaint by letter dated 15-9-2009

came to be filed against the petitioner pursuant to Clause 9 of the

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said agreement which provides that:-

"In the event of any passing off or

forgery being detected and brought to

the notice of the Concessionaire, the

Concessionaire or his agent shall

immediately intimate the Registering

Authority who shall on the basis of

such intimation register a criminal

complaint against such individuals,

firms and companies who have

indulged in the said acts. The State

Government shall lodge a complaint,

prosecute and pursue strict penal

action against any person or firm

who may seek to sell HSRP and

Non .. HSRP number/License plates

in the State of Goa".

5.

Rule 50 of the said Rules, as amended, providing

fitment of HSRPs (High Security Registration Plates) with a view

to prevent use of stolen vehicles for criminal activities was to come

into force from 28-9-2001 for new vehicles and within a period of

two years thereafter in respect of already registered vehicles. The

date of implementation was shifted from time to time. At one time

it was 1-1-2004 and then 31-10-2006. Rule 50 came to be

implemented in the State of Goa from 3-8-2009.

6.

A HSRP in terms of Rule 50 and as advertised by the

Government of India, from time to time, is required to have the

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following features:-

* A 1.0 m aluminium plate

* Letters in black colour on yellow

background

for

commercial

vehicles

* Letters in black colour on white

background for non-commercial vehicles

* Letters in English and the figures in

Arabic numerals

* Rounded border edges and corners of

approx.10mm.

* Embossed borders

* Security inscription of the black hot

stamp film used to colour the embossed

legend of the license plate hand side just

below the words IND as a sequential

identification of individual license plates

across the country and as a watermark that

cannot be erased.

* Fastening by snap locks to prevent

removal and reusability

* A hot stamped hologram with the image

o